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(영문) 광주지방법원 2014.10.30 2014노1004
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. The following facts are favorable circumstances: (a) perjury is deemed to have been recognized and against the Defendant; (b) perjury interferes with the appropriate exercise of judicial power by the State; (c) it is highly necessary to punish the Defendant on the grounds that it is a highly harmful crime of the State and the society, such as creating unnecessary litigation and judicial expenses; and (d) the Defendant has already been subject to criminal punishment several times; and (e) taking into account all the sentencing conditions of the instant case, such as the Defendant’s age, character and conduct, environment, background and consequence of the instant crime; and (e) the circumstances after the instant crime, etc., the lower court’s punishment is deemed to be too unreasonable. Therefore, the Defendant’s aforementioned assertion is without merit.

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

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 153 of the Criminal Act shall be amended by changing the part of Article 153 of the Criminal Act in Article 153 and Article 55(1)6 of the Criminal Act into Article 153 of the Criminal Act).

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