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(영문) 광주지방법원 2016.10.27 2016노24
위증
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (fine 5,000,000) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

Perjury is a crime that interferes with the proper judicial function of the state and damages the people's trust in the judiciary and trial, and it is necessary to strictly punish perjury.

The defendant presented perjury on the core contents directly related to the judgment on whether to commit a crime.

On the other hand, the following conditions are favorable.

At the time of committing the instant crime, there was a concern for the Defendant to be convicted in his criminal case, and the Defendant’s act of false testimony without exercising the right to refuse to testify is subject to criticism, but there is no reason to consider the circumstances of the instant crime.

At the time of committing the instant crime, the Defendant led to confession in one’s own case, which was prosecuted and tried by the Defendant, and even in this case, the Defendant recognized all of the perjury crimes.

There is no criminal record for the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, and other various sentencing conditions as shown in the instant records and arguments, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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