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(영문) 대구지방법원 2018.05.10 2017노4953
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of suspended sentence in the month of imprisonment with prison labor) is too unreasonable.

2. Although considering favorable circumstances, such as the fact that the Defendant’s perjury was a witness in a family criminal trial, the fact that the Defendant’s perjury did not affect the result of the trial, and the confession made before the confirmation of the criminal trial, perjury is a crime undermining the proper exercise of jurisdiction, which is the judicial authority of the State, and the discovery of substantial truth, and the nature of the crime is serious. There is no change in circumstances to change the sentencing of the lower court, other than the circumstances considered in light of the lower court’s circumstances, including the Defendant’s age, sexual behavior, environment, circumstances leading to the crime, means and consequence, the scale of the crime, and circumstances after the crime, the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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