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(영문) 대구지방법원 2016.07.13 2015노5412
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. The Defendant recognized the instant crime, and led to the confession before the judgment on the instant case was finalized with respect to C.

In addition, the false testimony of the defendant did not affect the result of the trial of the above fraudulent case, and the defendant seems to have received treatment due to the public depression, etc., and there is no record of punishment for the same kind of crime.

However, perjury is an offense that obstructs the proper exercise of judgment authority and the discovery of substantial truth, which is the judicial action of the state, and requires strict punishment corresponding to this, and it seems that the part of testimony made by the defendant by falsity was the main part of the above fraud case.

In addition, the court below seems to have determined the punishment by fully considering the favorable circumstances of the defendant, and there is no change in the sentencing conditions compared to the court below because new sentencing data have not been submitted at the appellate court.

In addition, considering the defendant's age, sex, family environment, motive and background of the crime, the means and consequence of the crime, the situation before and after the crime, it does not seem that the punishment determined by the court below is too unreasonable.

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

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