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(영문) 청주지방법원 2018.12.21 2018노801
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the fact that the defendant recognized the crime of this case and reflected against the defendant, etc. (one year of imprisonment with prison labor for four months and one year of suspended execution).

2. The lower court determined the sentence by taking into account the following circumstances as revealed in the lower judgment’s “reasons for sentencing”.

The crime of this case is highly likely to be socially criticized because it interferes with the discovery of substantial truth by the court in criminal cases and the appropriate exercise of judicial power.

The favorable circumstances: The mistake is recognized and reflected.

Before the judgment on a false statement becomes final and conclusive, a confession and a true testimony was made.

The perjury did not affect the outcome of the trial.

In light of the circumstances favorable to the Defendant, the lower court appears to have determined the pertinent punishment by comprehensively taking account of the circumstances favorable to the Defendant and unfavorable circumstances, and the Defendant was punished several times, including the suspension of the execution of imprisonment with prison labor, although this type of crime was committed, and the Defendant appears to have weak awareness of compliance, and taking into account all other circumstances, including the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant crime, and circumstances after the commission of the crime, etc., the lower court’s punishment against the Defendant is too unreasonable.

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

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