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(영문) 창원지방법원 2015.09.16 2015노1415
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (three million won of a fine) declared by the court below is too unfilled.

2. Perjury, such as the crime of this case, requires a strict punishment for an offense that may endanger a legitimate judgment by impairing the court’s trial for finding the truth. However, in light of the favorable circumstances such as the fact that the defendant was partially acquitted on the ground of the above-mentioned case, and the testimony of the defendant did not affect the above case, the defendant was a first offender and is currently in prison due to a breath, etc., and other favorable conditions of sentencing as shown in the records and arguments, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed to be unfair as it is excessively unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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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