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(영문) 대전지방법원 2019.02.14 2018노3141
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. The crime of false judgment is not only an active violation of the State’s criminal justice function, but also a crime of in danger of being subject to unfair criminal punishment against others. Perjury is a very poor crime due to a crime that interferes with the appropriate exercise of jurisdiction, which is a national judicial action, and the discovery of substantial truth, and the respondent appears to have suffered considerable pain due to the instant crime.

However, in full view of the favorable circumstances, such as the confession of the Defendant’s entire act of committing the instant crime, and the fact that the Defendant would not repeat again while reflecting his mistake in light of his depth through confinement life for more than 3 months, there is no record of punishment for the same kind of crime, and the fact that the court of first instance agreed with the person who was in charge of the instant crime, and that the agreement was reached smoothly at the court of first instance, the motive and background, means and method of the instant crime, the circumstances before and after the instant crime, and other various circumstances, such as the Defendant’s age, character, behavior, career, environment, etc., the lower court’

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act, Article 152(1) of the Criminal Act, Article 152(1) of the Criminal Act, Articles 152(1) and 31(1) of the Criminal Act, the choice of imprisonment with prison labor for the crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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