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(영문) 인천지방법원 2016.01.28 2015노4228
위증교사
Text

The judgment of the court below is reversed.

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

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds of appeal by the defendant. In the case of perjury under the Criminal Act, a confession should be made before the judgment or disciplinary action becomes final and conclusive in the case stated in the column for application of the law of the court below. The evidence of the court below reveals that “1. Confession: Reduction of confession: Articles 153 and 55(1)3 of the Criminal Act is stipulated.” According to the court below's decision, the defendant instigated the defendant to appear as witness in the case of violation of the Act on the Punishment of Acts, such as Arrangement of Commercial Sex Acts (Mediation of Commercial Sex Acts, etc.) with the Incheon District Court Decision 2014 High Order 3304 High Order 3304 High Order, etc., and the defendant was sentenced to punishment of ten months, etc. on May 21, 2015, and around that time, the court below acknowledged that the defendant appealed the judgment and was sentenced to punishment of imprisonment with prison labor on July 24, 2015, and found that the defendant was sentenced to imprisonment with prison labor, etc.

Therefore, the judgment of the court below cannot be reversed.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

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