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(영문) 수원지방법원 2014.12.01 2014노2169
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. Perjury of perjury is an offense highly harmful to the State and society, such as hindering the proper exercise of the State’s judicial power, impairing the people’s trust in the judiciary and trial, causing unnecessary litigation and causing judicial expenses, and thus requires a strict warning to the Defendant. However, considering the fact that the Defendant seriously reflects his/her wrongness, the Defendant’s health status is not good, the Defendant has no penalty power other than that prior to a single fine, and other all the sentencing conditions indicated in the records and arguments of this case, including the Defendant’s age, character and behavior, environment, criminal background, and result, etc., the lower court’s punishment is too uneasible and unreasonable.

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

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