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(영문) 인천지방법원 2014.10.24 2014노2936
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The offense of perjury is highly harmful to the State and the society, such as undermining the proper exercise of judicial power by the State, undermining the people's trust in judicial and trial, undermining unnecessary litigation and causing judicial costs.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant has been led to the trial for the defendant, the trial for the defendant has not yet become final and conclusive, and the fact that the defendant has no record of the same kind of crime, etc., and other factors of sentencing as shown in the records and arguments of this case, including the circumstances after the crime, the age, character and conduct, occupation and family environment of the defendant, the sentence of the court below is somewhat unreasonable.

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

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Statutory mitigation under Articles 153 and 55 (1) 3 of the Criminal Act;

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