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(영문) 울산지방법원 2018.06.08 2018노300
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (exemption from punishment) is too unfilled and unfair.

2. We examine the judgment, and the perjury in a criminal trial is a serious crime that impedes the discovery of the substantial truth of the court, brings the disturbance of judicial action, and interferes with the operation of the normal judicial system, and the contents of the perjury in this case are not insignificant, and the process is relatively active, etc., which are disadvantageous to the defendant.

On the other hand, however, the defendant's perjury does not have a significant influence on the confidence of the party as a result of the trial of the case in question, the equality with the case of the violation of the Act on Promotion of Game Industry in the judgment that became final and conclusive after Article 37 of the Criminal Act (one year of imprisonment with prison labor), and the defendant has no particular criminal history other than the above criminal record, and the defendant has led to confession of the crime before the criminal trial of the above-mentioned case becomes final and conclusive, and is seriously against the defendant. In full view of all the sentencing conditions indicated in the arguments in this case, including the defendant's age, sex, sex, environment, motive, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the judgment of the court below, etc., it cannot be said that the sentence of the court below appears within a reasonable and appropriate scope, and it is unfair as it is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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

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