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(영문) 대전지방법원 2017.07.12 2016노3438
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one million won in penalty) is too uneasy and unreasonable.

2. Perjury is an offense that undermines the proper exercise of judgment authority, which is the judicial action of the country, and the discovery of substantial truth, and thus obstructs fair judicial action by a defendant by perjury. Therefore, the mere fact that the responsibility is not less than that of the defendant is disadvantageous to the defendant.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the Defendant did not have the same criminal record; and (c) there was no criminal record of a punishment heavier than a suspended sentence; and (d) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (b) there was no special change in circumstances that may otherwise determine the punishment with the lower court, such as the circumstances after the instant crime; and (c) the lower court’s punishment is too unreasonable and unreasonable.

Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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