(영문) 부산지방법원 2015.04.30 2014노4600 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 부산지방법원 2015.04.30 2014노4600

위증

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. The judgment of perjury is an offense that interferes with the discovery of substantial truth and may interfere with the judicial trust, and in particular, it is necessary to punish the defendant who has given perjury in the criminal court, such as the instant crime.

However, in light of all kinds of sentencing conditions indicated in the pleadings of this case, including the Defendant’s age, character and conduct, environment, method of crime, circumstance after crime, etc., the sentence imposed by the court below is somewhat unreasonable, in view of the following: (a) the Defendant’s testimony did not affect the result of trial; (b) the Defendant did not have the record of being punished for the same kind of crime; and (c) the Defendant did not have the record of being punished for a fine exceeding the fine; and (d) the Defendant appears to have been living faithfully in accordance with

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

(2) As long as the court below accepted the Defendant’s assertion of unfair sentencing and reversed the judgment of the court below, the Prosecutor’s appeal on the ground of unfair sentencing shall not be separately determined by the order). The summary of criminal facts and evidence acknowledged by this court is identical to the description of each corresponding column of the court below, except for adding “the Defendant’s trial statement” to the summary of evidence. As such, the court below cited it as it is in accordance

Application of Statutes

1. Article 152 (1) of the Criminal Act applicable to the crimes and Article 152 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

참조조문

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