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(영문) 부산지방법원 2019.07.11 2019노1295
위증
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of three million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

2. Determination

A. According to the records, the court below determined a punishment in a criminal trial by taking into account various sentencing factors such as the discovery of substantial truth and the damage to the judicial function of the court in relation to the appropriate exercise of penal authority, the fact that the perjury in the criminal trial is strictly punished, the misunderstanding is divided and reflected, the false statement did not affect the outcome of the trial, and the fact that the risk of a trial error due to perjury has decreased by confessioning the crime before the confirmation of the case subject to perjury, and the family environment, etc.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial at the original court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the lower court is too heavy or it goes beyond the reasonable scope of discretion due to the absence of any change in the conditions of sentencing.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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