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(영문) 인천지방법원 2015.02.06 2014노3940
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (the suspended sentence of KRW 500,000,000) is too unhued and unreasonable.

2. Although perjury is a serious criminal that interferes with judicial action, the fact that the crime of perjury is frequently occurring in our society, and the necessity of strict punishment is disadvantageous to the defendant.

However, in light of the following: (a) there was no record that the Defendant was punished for the same kind of crime or sentenced to a fine exceeding the fine; (b) the Defendant was in the process of internal dispute of the apartment senior citizens’ meeting; and (c) the Defendant did not say that the Defendant was “domine” even though he did not mean that he was “domine” was an “domine”; (d) the Defendant’s perjury was revealed to the effect that the situation was obstructed at the time of the occurrence; (e) the Defendant’s perjury did not actually interfere with judicial action; and (e) other various sentencing conditions in the records and arguments, such as the Defendant’s age and happiness environment; and (e) the circumstances before and after the commission of the crime

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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