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(영문) 의정부지방법원 2017.09.21 2017노1792
모해위증등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence imposed by the court below on the defendant (one year and two months of imprisonment) is too unreasonable.

2. The judgment-free or perjury is recognized that it infringes on the proper trial function of the judicial body, which is not good in the nature of the crime, and the defendant has the same criminal record and five different criminal records.

However, the Defendant’s crime of perjury did not affect G’s trial (Seoul Northern District Court Decision 201 Gohap 282, Seoul Northern District Court Decision 2011 Gohap282, or Seoul High Court 2012No. 234, the appellate court).

In addition, since Korea was not detained in the trial process of each of the above cases, it did not affect the person's disease.

The defendant agreed with G in the first instance, and G expressed his intention that he does not want to be punished against the defendant.

Defendant had the same criminal record, but is not a previous criminal record prior to the instant case.

When determining the Defendant’s punishment, equity should be taken into account when the instant crime, which became final and conclusive on January 18, 2014, and a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and perjury, etc. which became final and conclusive on April 18, 2015 at the same time.

In the past, the defendant made a confession of all crimes and made a mistake contrary to his/her fault.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., as shown in the arguments of this case, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court's Sentencing Committee (10 months to 3 years) / [the scope of the recommended sentence] 2 types of crimes (10 months to 2 years), the basic area (10 months to 3 years), / [the scope of the recommended sentence] 2 types of crimes (no person subject to special sentencing] 1 basic area (6 months to 2 years), the basic area (no person subject to special sentencing) / [the scope of the recommended sentence] 1 types of imprisonment (6 months to 6 years] basic area (no person subject to special sentencing] : imprisonment with prison labor: 10 months to 3 years, etc., the court below shall be held against the defendant.

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