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(영문) 창원지방법원 2019.06.19 2019노89
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unfilled and unreasonable.

2. The lower court rendered a sentence by taking account of the following factors: (a) the Defendant testified falsely but did not affect the outcome of the trial; (b) the Defendant has no record of criminal punishment; or (c) the Defendant’s age, environment, motive, means and consequence of the crime; and (d) various sentencing conditions specified in the instant records and arguments, including the circumstances after the crime

The grounds for unfair sentencing alleged by the prosecutor appear to be the circumstances in which the lower court determined the Defendant’s punishment, and there are no other circumstances to deem that the above sentencing conditions have changed, and the lower court’s punishment is reasonable within the reasonable scope of its discretion, considering the above sentencing conditions.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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