logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.08.26 2016노2397
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

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

2. Perjury is a serious crime that interferes with the trial of the court for the discovery of substantial truth and thus causes confusion and incompetence in the judicial action of the State, which requires strict punishment. The Defendant’s perjury is an important matter related to the substance of the case, which could have an impact on the outcome of the trial.

However, when the defendant was found guilty of the crime of this case, the confession (it does not constitute a necessary reduction or exemption reason since the confession was made after the Suwon District Court 2015 and 322, which the defendant testified as follows, and does not constitute a requisite reduction or exemption reason for the punishment, one of the sentencing conditions favorable to the defendant), and the crime of the defendant does not seem to have any influence on D (D was sentenced to a conviction in Suwon District Court 2015 and 322, and the above judgment became final and conclusive on November 5, 2015), and the fact that the defendant did not have the same criminal record as the above evidence is favorable to the defendant.

In full view of the above circumstances and the motive, means, and consequence of the crime, the circumstances after the crime, the defendant's age, sexual conduct, and environment, all of the sentencing conditions in the instant case, the lower court's punishment is somewhat inappropriate.

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, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged by the court against the defendant and the summary of the evidence are as follows: (a) the summary of the evidence in the judgment of the court below excluded “1. Part of the defendant’s court testimony” from “1. The defendant’s court testimony” from the judgment of the court below as “the defendant’s court testimony”, and thus, Article 369 of the Criminal Procedure Act is as stated in the corresponding column.

arrow