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(영문) 부산지방법원 2014.05.29 2014노1165
위증교사
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that the respective punishment of the court below (for defendant A, four months of imprisonment, four months of imprisonment, four months of suspended execution, two years of suspended execution) is too unreasonable;

2. The Defendants appear to have led to the confession of the instant crime and to reflect their mistakes; the Defendants are aged and Defendant B’s health is not good; Defendant A should take into account equity with the case of concurrent judgments, such as the crime of attempted fraud for which judgment of the first head of the crime in the judgment of the lower court became final and conclusive; Defendant B is a first offender who has no record of criminal punishment, and that Defendant B is a first offender who has no record of criminal punishment.

However, the court below seems to have determined punishment by fully taking into account the favorable circumstances for the Defendants, and there is no change of circumstance that differs from the court below in the first instance, and the crime of this case interferes with the court's judicial function to discover substantial truth, and the nature of the crime of this case is not easy, and Defendant A again commits the crime of this case during the repeated crime period due to fraud, and other various factors that form the conditions for sentencing, such as the motive for the crime of this case and the circumstances after the crime, are considered appropriate.

Therefore, the Defendants’ assertion is without merit.

3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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