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All appeals by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In a criminal case (hereinafter “instant criminal case”), the Defendant, who is a violence organization, made a false statement against the Defendant’s memory to the effect that “M was self-feasible and did not have anyO at that site” in the name of “U.S.C.” (hereinafter “instant criminal trial”), but the lower court erred by misapprehending the legal doctrine on perjury or by misapprehending the legal doctrine, thereby acquitted the Defendant of the facts charged of perjury.
B. In light of the fact that the defendant and his defense counsel (unfair form of punishment) violate the wrongs of the defendant, and there is no record of punishment for gambling by themselves, the sentence of the court below that sentenced the defendant for six months of imprisonment is too unreasonable.
2. Determination
A. In light of the circumstances described by the lower court as the grounds for the determination of innocence or misapprehension of legal principles on the prosecutor’s assertion of mistake or misapprehension of legal principles, the facts that the appellate court of the instant criminal trial (Seoul High Court 2013No3950) rendered a not-guilty verdict as to the part of the facts charged on the ground that it cannot be recognized that theO was at the time of Mon the end of September 2009, and the facts that the prosecutor did not appeal against the acquittal portion, the evidence alone submitted by the prosecutor alone cannot be deemed to have proved without any reasonable doubt that the facts charged that the Defendant made a false statement contrary to memory in the instant criminal trial
Therefore, the judgment of the court below that acquitted the charge of perjury of this case is just and there is no error as alleged in the grounds of appeal.
B. The instant gambling crime on the assertion of unfair sentencing by the Defendant and his defense counsel was committed by the Defendant on November 21, 201 to April 15, 201, on deposit of KRW 1,719 at KRW 1,00,180,000, and the degree of illegality is not small.