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(영문) 울산지방법원 2018.01.09 2017노1409
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (four months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances are the following: (a) the Defendant’s perjury does not seem to have a significant impact on the result of the trial of the case in question or on the personal injury of the parties; (b) the Defendant was the first offender; (c) the Defendant has committed a crime before the judgment of the case in question became final and conclusive; and (d) the Defendant has a profound reflect on the mistake while committing a crime before the judgment of the case in question became final and conclusive; and (c) the Defendant

On the other hand, the perjury in a criminal trial is a serious crime that impedes the discovery of substantial truth by the court, brings disturbance to judicial action, and obstructs the operation of the normal judicial system, and the contents of the perjury in this case are not insignificant, and the process of perjury is relatively active, and there are other circumstances unfavorable to the defendant. In full view of all the sentencing conditions indicated in the arguments in this case, including the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the court below, etc., even if considering the defendant's health condition, etc., the sentence of the court below is deemed to be within a reasonable and appropriate scope, and it cannot be deemed unfair because it seems improper.

Therefore, the defendant's above assertion is without merit.

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

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