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(영문) 전주지방법원 2017.03.10 2016노1791
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 6 million) is too uneasy and unreasonable.

2. The crime of this case was committed in violation of the Act on Entrusted Elections by Public Organizations, etc. at the Jeonju District Court on August 28, 2015 and without being aware of the fact that the Defendant committed the crime of this case without being aware of the fact that he was sentenced to a two-year suspended sentence in August 28, 2015 due to the violation of the Act on Entrusted Elections by Public Organizations, etc., and that perjury requires strict punishment as a crime interfering with the national judicial action by making it difficult to discover the substantial truth of the judicial body.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that there was no record of criminal punishment for the same crime before, that the defendant's perjury does not affect the result of the trial, and that it is not good for health due to her hemal brain disease, etc. are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and unfair, and thus, the prosecutor’s assertion is without merit.

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

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