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(영문) 부산지방법원 2018.09.21 2018노2294
위증교사
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case by misunderstanding legal principles is a concurrent crime with the crime of this case which was decided in the judgment of the court below and the crime of this case after Article 37 of the Criminal Act, and at the same time, the punishment is determined in consideration of equity and the case is judged, but the court below omitted such measures. The judgment of the court below

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Before determining the grounds for appeal by the defendant ex officio, if a person who committed perjury confessions before the judgment or disciplinary action on the above case becomes final and conclusive, the punishment shall be mitigated or exempted (Article 153 of the Criminal Act). This shall also apply to the crime of perjury (see Supreme Court Decision 2006Do1820, May 11, 2006, etc.). Since the above confession procedures do not have any limitation under any Acts and subordinate statutes, the court below's decision as the defendant or suspect of the above perjury case is not only a voluntary confession against the institution dealing with the above case, but also a confession by the court or investigation agency and also included in the concept of confession (see Supreme Court Decisions 204Do831, Apr. 9, 2004; 2005Do9512, Feb. 9, 2006; 2008Do31816, Feb. 27, 2006).

B. The Defendant’s legal doctrine is erroneous.

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