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(영문) 인천지방법원 2015.04.10 2014노4604
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (eight million won of a fine) declared by the court below against the defendant is too unhued.

2. It is recognized that the defendant committed the crime of this case even though he had the record of punishment for the same crime, and perjury requires strict punishment for the crime that obstructs the exercise of the judgment authority, which is the judicial action of the country, and the discovery of substantial truth.

However, in light of the fact that the defendant recognized the crime of this case, the defendant's perjury did not affect the result of the trial in the case where the defendant proved his perjury, the fact that the defendant's personal advantage is not visible in return for his false statement, and other sentencing conditions as shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc., the sentence imposed by the court below is deemed unreasonable. Thus, the prosecutor's above assertion is without merit.

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

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