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(영문) 의정부지방법원 2014.07.10 2014노724
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The punishment of the original judgment against the accused of the gist of the grounds for appeal is too unreasonable.

2. The judgment of perjury was based on the Defendant’s acquittal of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (U.S. Act on the Aggravated Punishment, etc. of Specific Economic Crimes (U.S. Act on the A, etc. of Specific Economic Crimes) against C, which caused confusion and incompetence in the judicial action of the State by impeding a trial for finding the truth of the court, and the Defendant’s perjury was an important part in which the Defendant was guilty or innocent, and it was obvious that the Defendant had an influence on the result of the trial due to the Defendant’s perjury. The judgment of the appellate court prior to the reversal and return of the above case against C, which stated “A (A) with the investigative agency to the effect that 500

Although the Defendant had four-time criminal records and had one-time criminal records before probation, the Defendant appears to be against the Defendant’s recognition of the instant crime, and the Defendant has three-month time to live in prison due to the instant crime, taking into comprehensive account the Defendant’s age, character and conduct, motive, means and consequence, and the conditions of sentencing specified in the instant pleadings, such as the circumstances after the instant crime, the lower court’s sentence against the Defendant is unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles and punishment of the facts constituting the crime;

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