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(영문) 창원지방법원 2014.01.23 2013노2172
위증
Text

1. The part of the judgment of the court below regarding Defendant B shall be reversed.

2. Defendant B shall be punished by imprisonment for four months;

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal is too unreasonable for each sentence of the court below (the defendant A: the imprisonment of six months; the imprisonment of six months; the suspension of the execution of six months; the community service order 120 hours; the defendant C: the imprisonment of eight months).

2. Determination

A. Defendant A, C, and C, even though the above Defendants were found to have led to the confession of and against each of the crimes in this case, perjury requires strict punishment as an offense that infringes on the State’s criminal justice function. Each of the crimes in this case is expected to be severe punishment due to the Defendant C’s criminal act during the repeated crime period, which led to the Defendant A to perjury as if the Defendant A was a single criminal act of the Defendant A in order to escape the punishment. Defendant A was actively perjury in the court to protect the Defendant C and to reduce his own crime, and the quality of the crime is not very good. In full view of all the sentencing conditions as shown in the records and arguments, including the above Defendants’ age, character and conduct, environment, motive, means and consequence of each of the crimes in this case, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable. Thus, the allegation of unfair sentencing of the above Defendants is without merit.

B. Defendant B Dop and perjury need to be strictly punished as a crime that actively infringes on the function of the State’s criminal justice. However, the above Defendant’s confessions and commits the instant crime and reflects his mistake in depth, there is no record of punishment for the same crime, and there is no record of criminal punishment other than that subject to a fine three times due to the crime of violation of the Road Traffic Act (driving). The above Defendant’s perjury does not directly relate to the establishment of the Defendant C’s crime, which was under trial at the time. It does not directly relate to the fact that the instant crime does not affect the actual outcome of trial, and does not have a good health condition.

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