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(영문) 인천지방법원 2018.04.05 2017노3031
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (1.5 million won in penalty) imposed by the court below is too unreasonable.

2. The judgment of the Defendant is recognized that the instant crime was committed before the judgment of the criminal case that the Defendant stated as a witness became final and conclusive, and that the instant crime was against his own mistake, and that the instant crime did not affect the outcome of the trial of the said criminal case.

However, perjury requires strict punishment as an offense that interferes with a court’s trial for finding the truth of the substance of the crime and thus infringes the court’s judicial function, and the defendant has a history of criminal punishment several times, including the suspension of the execution of imprisonment for the same and similar crimes, equity in sentencing with the same and similar cases, and there is no special change in circumstances after the decision of the court below, and other various circumstances that are the conditions for sentencing, such as the defendant’s age, sexual conduct, motive, means and consequence of the instant crime, the circumstances after the crime, etc. do not seem to be too unreasonable.

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

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