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(영문) 서울중앙지방법원 2017.07.13 2017노1621
위증교사
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 sentence imposed by the defendant (six months of imprisonment) is too unreasonable.

2. The judgment perjury requires a punishment corresponding to the nature of the crime and the criminal facts for the crime that undermines the proper exercise of the judgment authority, which is the judicial action of the State, and the discovery of substantial truth, and the defendant used it to assist C to make a false statement and to make a false statement in the court, when three million won became final and conclusive, it is not very good to commit the crime. The portion of perjury against C is that it aids and abets C to make a false statement.

The core part of the case is the defendant's disadvantage.

However, the circumstances favorable to the defendant include the fact that the defendant is recognized as committing the crime of this case and is against the defendant, that the defendant's perjury has no influence on the trial result, and that there is no particular criminal record other than twice a fine, etc.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for the sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair since the sentence imposed by the court below is 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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