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(영문) 청주지방법원 2016.01.28 2015노1269
위증
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, this judgment is delivered to Defendant A.

Reasons

1. The summary of the grounds for appeal (Defendant A: 6 months of imprisonment and Defendant B’s imprisonment with prison labor) is too unreasonable and unfair (the Defendants, at the first trial date of the trial of the first instance). 2. We examine ex officio prior to the judgment on the grounds for appeal by the Defendants ex officio.

According to Article 153 of the Criminal Act, when a person who has committed perjury under Article 152(1) of the Criminal Act makes a confession or surrenders himself/herself before the judgment or disciplinary action on the said case becomes final and conclusive, the punishment shall be mitigated or remitted. As such, confession prior to the final and conclusive judgment constitutes a requisite mitigation or exemption of punishment.

In addition, since there is no restriction as to the procedure of confessions in accordance with the law, it is not only voluntary confession against an investigative agency, but also a confession by a court or an investigative agency as a defendant or suspect of a perjury case, which is also included in the concept of confession (see Supreme Court Decision 73Do1639, Nov. 27, 1973, etc.). In this case, the Defendants led to confessions in the instant case, and the Defendants led to confessions in the instant case, and the lawsuit, such as a claim for the refund of the purchase price against F, which the Defendants raised, against E, is in the course of the appellate trial (Cheongju District Court 2015Na10289, Cheongju District Court 2015Na10289), and it is obvious that the judgment becomes final and conclusive. As such, the Defendants should be mitigated or exempted from

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendants’ unfair assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

【Re-written judgment】 The facts constituting an offense and summary of the evidence recognized by the court, and summary of the evidence, are examined as to the summary of the evidence.

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