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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
Reasons
The summary of the grounds for appeal (unfair punishment) sentenced by the court below (six months of imprisonment) is too unreasonable.
Judgment
Perjury is an act that makes it difficult to discover the truth through a trial and it is necessary to strictly punish the defendant as an act of forceing the exercise of the judicial power of the State, and the fact that the defendant committed the crime of perjury in this case by the Seoul Southern District Court 2009Kadan90430 (Plaintiff D and Defendant E) has an effect on the trial result of the case (the plaintiff D and Defendant E) is disadvantageous.
However, when comprehensively taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime in this case and the first head judgment of the court below, equity between cases where the defendant has been judged simultaneously with the crime in this case and the crime in which the judgment of the first head of the crime in the judgment of the court below became final and conclusive, the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court's Sentencing Commission, the first category of perjury, the special salvists (if the perjury affects the illness or the result of the trial), the decision of the recommended area, the scope of the recommended sentence (in the case where the perjury affects the illness or the result of the trial), the scope of the recommended sentence (in the case where the perjury), the suspended sentence may be possible, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive and consequence of the crime in this case.
In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts constituting a crime and evidence acknowledged by this court is that "the defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor at the Daejeon District Court on March 30, 201, and the above judgment was finalized on April 7, 2011. On November 14, 2013, the defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor at the Daejeon District Court on March 30, 201.