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(영문) 수원지방법원 2017.11.27 2016노3532
위증
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s sentence (700,000 won) sentenced by the lower court against the Defendant is too unreasonable.

B. Defendant B (1) In fact, the lower court convicted Defendant A of the facts charged even though the Defendant merely requested Defendant A to testify the truth, and did not interfere with the perjury, the lower court erred by misapprehending the legal doctrine.

(2) The sentence sentenced by the lower court to the Defendant (2 million won) is too unreasonable.

2. Determination

A. Although the lower court also asserted that Defendant B’s assertion of mistake as to the facts alleged above was identical to that of the above facts, the lower court rejected the above assertion on the grounds of its stated reasoning and found the Defendant guilty of the facts charged.

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below, the judgment of the court below which found the defendant guilty of the facts charged is just and acceptable, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts pointed out by the

Therefore, this part of the defendant's assertion is without merit.

B. Defendant A appears to have an attitude of reflecting the Defendants’ wrongful determination of each of the Defendants’ respective allegations of sentencing, and there is no history of criminal punishment against the Defendants for the same crime.

However, the crime of perjury and perjury are crimes that obstruct the proper exercise of criminal justice power and the realization of the ideology of criminal procedure, such as the discovery of substantial truth, and they are not in itself a crime.

In light of the above conditions unfavorable or favorable to the Defendants, the circumstances after the commission of each of the instant crimes, the Defendants’ age, sexual conduct, environment, and all other conditions of sentencing as shown in the argument of the instant case, the lower court is the Defendants.

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