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(영문) 부산지방법원 2015.04.16 2014노4153
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant led to the instant crime at the intent of the Defendant to receive payment of the amount of damage caused by the instant crime; (b) the Defendant was the primary offender; and (c) the Defendant suffered from all kinds of diseases, such as urology, etc.

However, perjury is an offense that obstructs the proper exercise of judgment authority, which is the judicial action of the State, and the discovery of substantial truth, and even if considering the above circumstances, the punishment corresponding thereto is required, and the court below has already determined by fully considering the overall circumstances, and there is no change in circumstances that are different from the court below, and the court below has determined the punishment in light of the following factors: the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, and circumstances after the instant crime, etc., the court below's punishment is deemed appropriate.

Therefore, the defendant's assertion is without merit.

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

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