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(영문) 부산지방법원 2015.06.26 2015노1132
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in the judgment below is unreasonable because the punishment of a fine of eight million won is too unhued.

2. On December 12, 2013, although the defendant was sentenced to one year of suspended sentence for six months of imprisonment with prison labor at the Busan District Court for the crime of escape of a criminal, on December 2, 2013, in light of the fact that the defendant committed another crime of perjury in relation to the crime of escape of a criminal, even though the judgment became final and conclusive on the 20th of the same month, and even if the judgment was in force, the crime of perjury in this case cannot

However, the Defendant did not have any other criminal record in addition to the crime of capital flight, and despite the Defendant’s perjury, the sentence of imprisonment with prison labor for one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on December 2, 2014, and all related cases are terminated. The contents of the above evidence of this case are the same as the Defendant’s statement in the crime of capital flight, and the Defendant has been detained in the first instance court in the crime of capital flight for a certain period of time. Considering the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., the Prosecutor’s assertion is without merit.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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