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(영문) 서울중앙지방법원 2014.01.23 2013노4059
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of four million won) is deemed to be too unreasonable in light of the gist of the grounds for appeal.

2. We can take into account the following circumstances: (a) the Defendant’s mistake against the Defendant in determining the grounds for appeal; (b) the Defendant’s perjury seems to have not affected the conclusion of the above-mentioned case; and (c) there is no record of special punishment in addition to the punishment for the suspended execution due to a violation of the Illegal Check Control Act in 196; and (d) there is no economic situation

However, in full view of the following circumstances: (a) perjury interferes with a court’s trial for finding the truth, causing confusion and incompetence in the judicial action of the State; (b) the Defendant’s false testimony constitutes an important fact in the trial of the case where he testified; and (c) other various circumstances that form the conditions of the present argument and the sentencing indicated in the record, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense; and (d) the circumstances after the commission of the offense, etc., the Defendant’s assertion is not acceptable since

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

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