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(영문) 부산지방법원 2017.06.29 2016노4884
위증
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below (No. 1: 2 years of suspended sentence in June, 2 years of suspended sentence, and 2 years of suspended sentence in August): the decision of the court below on the summary of the reasons for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio prior to the judgment on the grounds for appeal by authority, and as each of the cases of the judgment of the court below appealed by the defendant, each of the crimes in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of

3. The judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is decided as follows through pleadings.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 152 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Type 1 1 / [Determination of the type] 1 / [Judgment of the type] / None of the basic area (the scope of recommended punishment from June to June 1) (the scope of recommended punishment)

B. Type 2 (Determination of Type) No. 1 (Perjury) [No person in charge of special sentencing] (Scope of recommended punishment] basic area (from June to June)

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years; and

2. Each of the crimes of this case, which the defendant gave false testimony in the first and second trials of violation of the Act on the Control of Narcotics, Etc. against C, and such perjury is substantial.

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