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(영문) 수원지방법원 2018.04.19 2018노863
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The instant crime of perjury requires strict punishment as an offense that interferes with the court’s trial for discovering the substantial truth, thereby infringing on the court’s judicial function.

However, when the defendant was found to have committed a crime in the first instance, the defendant's perjury did not affect the result of the criminal case that the defendant testified, and he promised to receive economic benefits or to receive economic benefits in return for perjury.

In full view of the fact that there is no evidence to see that the defendant's age, sexual conduct, environment, degree of damage, motive, means and consequence of the crime, etc., the sentence imposed by the court below against the defendant is too unreasonable because it is too unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns 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 Article 152 of the Criminal Act concerning the facts constituting an offense and Article 152 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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