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(영문) 수원지방법원 2017.09.21 2017노3359
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (500,000 won in penalty) is too unhued and unreasonable.

2. Determination of perjury is an offense that infringes on the State’s judicial function for the discovery of substantive truth, and is highly likely to undermine the trust in judicial order, and the liability for such offense is not less strict, and the Defendant was the Defendant of the instant case in the instant case, 2016 High Court Decision 1226, supra.

As false testimony is unfavorable to D, there was a possibility that unfair sentencing will be made to D, and it is disadvantageous to the defendant.

However, in full view of all the sentencing conditions in the records of this case, including the Defendant’s character and behavior, environment, background of crime, and circumstances after crime, etc., the prosecutor’s assertion is without merit, since it is acknowledged that the lower court’s punishment is too uneasible and unfair, as it is too uneasible, in light of the following: (a) the Defendant was punished once for a crime of this kind in 1993; (b) the Defendant did not have any criminal record other than the punishment imposed once for a fine; (c) the Defendant was aged 75 years old; (d) the Defendant, the accuser of the instant case,

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

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