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(영문) 대구지방법원 2016.10.05 2016노3035
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one-half months of imprisonment and a short-term three months of imprisonment) declared by the court below is too unreasonable.

2. It is recognized that the Defendant: (a) made a confession of perjury before the judgment of the accused case, such as the fact that the Defendant’s mistake was divided as a juvenile; (b) there was no record of punishment for the same kind of crime; (c) the Daegu District Court Decision 2015Da6376, which led to the confession of perjury before the judgment of the accused case became final and conclusive; and (d) the Defendant’s perjury seems not to have an influence on the outcome of the above judgment; and (e) special larceny, etc. for which the judgment became final and conclusive and the instant crime should be imposed

However, the crime of this case is a serious crime that interferes with the trial for finding the truth of the court, which causes confusion and incompetence in the judicial action of the State, and is responsible for the crime, and the nature of the crime is extremely bad in light of the patterns and methods, etc., and the defendant has been punished nine times of juvenile protective disposition, one fine, one time of punishment, and one time of punishment, and other factors of sentencing specified in the argument of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and circumstances after the crime, are considered, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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