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(영문) 수원지방법원 2013.09.05 2013노2408
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s imprisonment (six months of imprisonment) is too unhued and unreasonable;

2. According to the records of ex officio determination, the Defendant was sentenced to three years of imprisonment by the Suwon District Court on January 31, 2013 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the said judgment became final and conclusive on June 8, 2013. As such, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, the crime of larceny, etc., for which judgment became final and conclusive, and the perjury of this case are in a concurrent relationship under the latter part of Article 39(1) of the Criminal Act, a punishment shall be determined after considering equity among cases where a judgment

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the prosecutor's argument of unfair sentencing, on the grounds of ex officio reversal.

Criminal facts

The summary of the facts and evidence admitted by this court is to add "criminal facts" to all the facts of "criminal facts" in the judgment of the court below, and to "the defendant was sentenced to three years of imprisonment by the Suwon District Court on January 31, 2013 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)" and "the summary of evidence" to "the summary of the evidence" as "each judgment and the Committee on the Aggravated Punishment, etc. of Specific Crimes" was added to "the Judgment and the Committee on the Aggravated Punishment, etc. of Specific Crimes" as stated in each corresponding column of the judgment of the court below, and it is to be cited as it is in accordance with

Application of Statutes

1. Relevant Article 152(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 153 and 55 (1) 3 of the Criminal Act (a confession before judgment with respect toC becomes final and conclusive) of the Criminal Act to be mitigated legally;

1. The defendant's reasons for sentencing in the latter part of Article 37 and Article 39 (1) of the Criminal Code dealing with concurrent crimes are during the period of repeated crimes.

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