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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (five months of imprisonment) is too unreasonable.
B. According to the evidence submitted by the prosecutor (not guilty part against Defendant A and Defendant B), although the court below found Defendant A’s act of perjury and Defendant B’s act of perjury on July 12, 2013, the court below acquitted Defendant B of each of the charges. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. Determination
A. Examining the evidence of this case as to the prosecutor’s assertion of mistake in the facts in light of the records, even if the court below, based on all the evidence submitted by the prosecutor for the reasons indicated in its reasoning, this part of the facts charged is proved to the extent that it can be excluded from reasonable
It is insufficient to see it.
Considering that each part of the facts charged is just and acceptable, and there is no error of misunderstanding of facts as alleged by the prosecutor.
Therefore, prosecutor's assertion is without merit.
B. It is recognized that Defendant A made a judgment on the unfair argument of sentencing of Defendant A's crime and committed a crime, and the fact that Defendant A has to make a sentence in consideration of equity with the case of a judgment concurrently with the case of a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) which became final and conclusive.
However, perjury is an offense that obstructs the proper exercise of judgment authority, which is the judicial action of the country, and the discovery of substantial truth, and there is a need to strictly punish the defendant A, the defendant A actively gives false testimony about the claim against the I L Cooperatives, thereby affecting the trial. In addition, not only the fact that the court below's joint defendants C have requested to give testimony in a direction favorable to himself/herself (Evidence Record 587 pages), there are several times of fines, punishment, and punishment.