logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.07.24 2015노1508
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The defendant asserts that the defendant's punishment (two years of suspended execution in August) of the judgment of the court below (two years of suspended execution in prison) is too unfasible, and the prosecutor is too unfasible and unfair.

2. Prior to the judgment on the grounds for appeal, pursuant to Article 153 of the Criminal Act, if a person who committed perjury under Article 152 of the Criminal Act makes a confession or surrenders himself/herself before the judgment or disciplinary action on the above-mentioned case becomes final and conclusive, the punishment shall be mitigated or exempted. In full view of the evidence duly admitted and examined by the court below, the defendant led to the confession of perjury and the fact that the court of this case is proceeding with the court of this Court 2014 high-scale587, etc.

Therefore, despite the necessity of mitigation or exemption of the defendant's punishment pursuant to Article 153 of the Criminal Act, the court below which omitted the punishment, erred by misapprehending the legal principles, which affected the conclusion of the judgment.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, on the ground that the above ground for reversal ex officio is based on the grounds as seen above. The judgment below

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 153 and Article 55 (1) 3 of the Criminal Act (i.e., self-cons., statutory mitigation);

1. Reasons for sentencing [the scope of recommending sentence] under Article 62(1) of the Criminal Act [the grounds for sentencing favorable to the following] Article 62(1) of the suspended sentence [the scope of recommending sentence] Article 1 of the mitigated area (one month to ten months), [the person subject to special mitigation] the self-denunciation and confession [the person subject to general mitigation] has no record of criminal punishment [the decision of sentencing], and the defendant is the first offender.

arrow