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(영문) 대구지방법원 2018.05.17 2018노60
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant was sentenced to imprisonment before the judgment of the court below and was already punished for the principal case, the principal punishment is double punishment.

B. The punishment sentenced by the court below (2 million won) is too unreasonable.

2. Determination

A. As to the assertion of double punishment, the previous conviction of the Defendant (Tgu District Court 2016No. 5718) in the lower judgment (Tgu District Court 2016No. 2018) is related to fraud and bribe offering, and is different from the principal case and the facts constituting a crime, it cannot be deemed double punishment.

Therefore, this part of the defendant's argument is without merit.

B. We examine the unfair argument of sentencing, even when considering the favorable circumstances in favor of the Defendant’s confession, perjury is an offense that undermines the proper exercise of jurisdiction, which is the judicial authority of the State, and the discovery of substantial truth, and the nature of the offense is serious. Considering the circumstances other than the circumstances considered by the lower court, the lower court’s sentencing conditions, such as the Defendant’s age, sexual conduct, environment, background and consequence leading to the offense, means and consequence, scale of the offense, and circumstances after the offense, etc., the lower court’s determination of sentencing cannot be deemed to have exceeded the reasonable limit of discretion or to have been unfair to maintain it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, as alleged by the Defendant, the lower court’s sentencing is too excessive and it is not deemed unfair.

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

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