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(영문) 수원지방법원 2016.08.24 2016노3995
위증
Text

Defendant

All appeals filed by the Defendants A, B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of Defendant A and B (six months of imprisonment) by each court below is too unreasonable.

B. The Prosecutor’s sentence (Defendant A and B: Imprisonment with prison labor for 6 months, Defendant C with prison labor for 6 months, and 2 years with prison labor) is too uneased and unreasonable.

2. Determination:

A. As to Defendant A and B, the Defendants recognized the crime and repented the mistake in the first instance.

The Defendants asserted that they were aware of the fear that retaliation may be taken against E when they make a statement unfavorable to E, and there are some circumstances that may be taken into account in the course of committing the crime.

Since the Defendants’ crime of this case is the relation of concurrent crimes between the obstruction of business by which judgment was made and the obstruction of business by which judgment was made, the principle of equity in the case where judgment was received at the same time shall be considered.

Defendant

A There are families to be supported by giving birth to children on June 23, 2016.

On the other hand, the defendants' testimony about the important issues in the court is not easy to commit a crime by making false testimony.

Perjury is a crime that obstructs the proper exercise of judgment authority, which is a judicial action of the country, and the discovery of substantial truth, and requires strict punishment.

Defendant

A is under repeated crime period, and Defendant B is under suspension of execution, but has committed the crime of this case without being aware of it.

In full view of all the circumstances that are conditions for sentencing, such as the Defendants’ age, sexual conduct, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the lower court’s sentence is deemed appropriate, and thus, it cannot be deemed unfair because it is too hot or unfasible. Therefore, the aforementioned Defendants and the Prosecutor’s argument of sentencing are without merit.

B. As to Defendant C, the testimony of false testimony about important issues in the court is not easy to commit a crime.

Perjury is a crime that obstructs the proper exercise of judgment authority, which is a judicial action of the country, and the discovery of substantial truth, and requires strict punishment.

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