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(영문) 청주지방법원 2016.07.14 2016노181
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (amounting to KRW 800,000) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

Perjury is an offense impeding the discovery of substantial truth by the court and causing confusion in the judicial action of the State, and even if the defendant considered the circumstances leading to the instant crime, it is necessary to punish the corresponding crime.

Circumstances favorable to the defendant shall be as follows:

There is no criminal offense exceeding the fine against the defendant.

Although the defendant perjury in the related criminal case, some false statements were withdrawn prior to the expiration of the examination of witness, and the false statements in this case did not affect the result of the related criminal case.

The defendant has a wife or minor child who needs support.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

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

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