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(영문) 의정부지방법원 2017.03.09 2016노3362
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

Article 153 of the Criminal Act provides that when a person who has committed perjury makes a confession or surrenders himself/herself before a judgment or disciplinary action on the foregoing case becomes final and conclusive, the punishment shall be mitigated or remitted. According to the records, the defendant's confession of all of the crimes of this case on the first trial date on February 23, 2017 is recognized, and the facts that the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents against C became final and conclusive on February 25, 2017 are significant in this court.

Therefore, as the Defendant was led to confession before the judgment on the case became final and conclusive, the punishment should be reduced or exempted in accordance with Article 153 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows.

【Grounds for another judgment】 The facts constituting a crime and summary of the evidence recognized by the court and summary of the facts constituting a crime and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for adding “1. Defendant’s trial testimony” to the column of the evidence of the original judgment, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 153, 152, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Perjury of the reason for sentencing under Article 62(1) of the Criminal Act is a serious crime that causes confusion and incompetence in the judicial action of the State by impairing the court’s trial to find the truth.

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