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(영문) 부산지방법원 2016.04.07 2016노261
위증교사등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The crime of this case in which the judgment of the court below is based on the charge that the defendant abetteds the defendant in a criminal case against the co-defendant B of the court below, and acquired money from the damaged person under the pretext of additional attorney fees, and the nature of the crime is not good. In particular, perjury needs to be strictly punished for a crime that causes confusion and incompetence in the judicial action of the State by hindering the trial for

However, in light of the following: (a) the Defendant has recognized all of the instant crimes when he was in the trial; (b) the Defendant has recognized his mistake in depth; (c) there was no economic benefit due to the commission of perjury; and (d) the Defendant’s act did not affect the judgment; (c) the victim B does not want punishment; and (d) the Defendant is a primary offender who does not have a previous offense; and (e) the conditions of the instant pleadings and the records, such as equity in sentencing with the same similar case; and (e) the Defendant’s age, sex, sex, environment, motive and circumstance of the offense, etc., the lower court, which sentenced the Defendant, is somewhat unreasonable.

3. As such, the defendant's appeal is with merit, and the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony at the trial court” to the column for the evidence of the lower court’s judgment, it is identical to each corresponding column of the lower court’s judgment; and (b) thus, they are cited by Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant legal provisions of the Criminal Act concerning the crime, Articles 152(1), 31(1), and 30 of the Criminal Act concerning the choice of punishment (the occupation of perjury), Article 347(1) of the Criminal Act (the occupation of fraud) and the choice of imprisonment for each of the following reasons:

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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