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(영문) 춘천지방법원 강릉지원 2018.02.08 2017노397
위증
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

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

2. The Defendants appeared as a witness in a criminal case involving the religious organization to which they belong and raised perjury.

The crime of perjury is serious undermining the criminal justice function of the state, and its nature is not good.

However, the Defendants are the first offender who has no power of criminal punishment.

Since the defendants are recognized and opposed to their mistakes in the trial, it is necessary to consider them in sentencing.

In light of the circumstances of the criminal case, there are also circumstances in which the Defendants may take some of the motive for the crime.

In addition, considering the age, character and environment of the Defendants and the circumstances before and after the commission of the crime, various sentencing conditions as shown in the records and arguments, each sentence imposed by the lower court against the Defendants is too uneasible and unreasonable.

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

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