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(영문) 대구지방법원 2016.07.20 2015노5277
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment and one year of suspended execution) is too unreasonable.

2. The Defendant recognized the instant crime, and made a confession before the judgment of the instant case, such as fraud, was finalized.

In addition, the defendant's false testimony did not affect the result of the trial of the above case, such as fraud, and the defendant seems to have suffered disadvantages such as cancellation of the registration of the establishment of a brokerage office under the Official Act if the judgment of the suspension of execution of imprisonment becomes final and conclusive.

However, perjury is an offense that undermines the proper exercise of judgment authority and the discovery of substantial truth, which is the judicial action of the state, and requires strict punishment corresponding to this, and it seems that the part of the defendant's testimony was the main part of the above fraud case.

In addition, the court below seems to have determined the punishment by reflecting most of the grounds for sentencing already asserted by the defendant, and there is no special change in circumstances that can be considered in sentencing in the trial.

In full view of other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. 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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