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(영문) 창원지방법원 2015.10.15 2015노1441
위증등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is too unreasonable because the punishment sentenced by the court below (one year of imprisonment) is too unreasonable, and the prosecutor asserts that the punishment sentenced by the court below is too uneased and unreasonable.

2. As the Defendant paid an accident due to a signal breach, the degree of violation of the duty of care and the laws and regulations is heavy, and the victims of an accident suffered from injury requiring 5 weeks and 3 weeks respectively, and thus, the result is not easy.

Moreover, in a criminal case involving the above accident, the defendant proved that the above victim violated the signal signal, and perjury is an offense that shakes the foundation of the judicial system to find a substantial truth, and thus, it is necessary to punish the above victim strictly.

When considering the fact that the above victim was convicted in the first instance trial, the defendant did not object to the denial of the crime even after he testified in the first instance trial that Co-Defendant B, who was a witness of the above accident, was guilty. In addition, Co-Defendant B, who became a witness of the above accident, had proved a perjury in accordance with the defendant's argument in the first instance trial, but led to the confession in the appellate trial.

On the other hand, however, the defendant is against all of the crimes committed during the trial, and he paid a considerable amount of money to the victims, and the vehicle of the defendant is covered by the comprehensive automobile insurance.

The above victim appears to have had a significant impact on the testimony of B rather than the defendant in a criminal case, and B was dismissed on the ground that the defendant's request for testimony was not consulted with or did not consult with the defendant, and the above victim did not have any violation of signal at the appellate court.

In addition, there is no criminal history of the defendant.

These circumstances and the age of the defendant.

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