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(영문) 서울북부지방법원 2014.09.19 2014노816
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case’s autopsy is a crime that obstructs the proper exercise of judgment authority, which is a judicial action of the state, and the discovery of substantial truth, and requires strict punishment.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime; and (b) the key issues at the instant criminal trial where the Defendant gave a perjury do not seem to have a significant impact on the result of the trial; (c) the Defendant’s perjury does not appear to have been punished prior to the instant crime; and (d) the Defendant has no record of being punished for the same kind of crime prior to the instant crime; and (e) other circumstances that form the condition for sentencing under Article 51 of the Criminal Act as indicated in the instant records and pleadings, such as the motive for the instant crime, character and conduct of the Defendant, environment, criminal records, family relationship, and circumstances after the instant crime, etc., the Defendant’

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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