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(영문) 부산지방법원 2016.11.04 2016노3282
위증교사등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of imprisonment, three years of suspended execution, and 480 hours of community service order) is too unhued and unreasonable.

2. The crime of perjury and fraud in a lawsuit is a serious crime that interferes with the trial of the court for the discovery of substantial truth and thus causes confusion and incompetence in the judicial action of the State, which requires strict punishment. Many victims suffered pain due to the crime of this case, and if the crime of this case was not revealed, it seems that a large amount of damage was suffered, and the victim E is very heavy, and the victim E demands strict punishment against the defendant.

However, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared with the court below because new sentencing data have not been submitted at the court below. The defendant recognized all of the crimes in this case as well as reflects the depth of the defendant's assertion, and the defendant failed to accept the defendant's assertion, and thus, the victim N, M did not actually cause any substantial damage to the victims, and the victim K and Kim Young-ju deposited KRW 4 million for the victim E, and deposit KRW 81,926,429 in accordance with the civil judgment, and deposit KRW 5 million in addition to paying KRW 81,926,429 in accordance with the civil judgment, the punishment should be imposed in consideration of equity with the case where the crime in this case becomes final and conclusive and the crime in this case has been tried simultaneously. In full view of the circumstances and result of the crime in this case, the sentencing of the court below is too unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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