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(영문) 인천지방법원 2016.04.29 2015노4324
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the misunderstanding of facts, the Defendant only testified in accordance with his memory, and did not make a false statement as if he memory or memory that is contrary to his memory with respect to the indecent act part of F and G.

B. The lower court’s sentence (an amount of KRW 4 million) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport as the assertion of mistake of the above facts, and the lower court rejected the above assertion in detail by stating the judgment in detail. In light of the evidence duly admitted and investigated by the lower court, the lower court’s determination is justifiable, and thus, the Defendant’s assertion of mistake

B. The court below's punishment is appropriate in light of the following: (a) the defendant was the first offender with no record of criminal punishment; and (b) the defendant's perjury did not affect the conclusion of the relevant case; (c) on the other hand, in light of the substance of the crime in this case, the nature of the crime is not somewhat weak; (d) the defendant denies and does not reflect the criminal facts; and (e) perjury requires strict punishment in terms of protecting the judicial function through the realization of appropriate state penal authority; and (e) other various circumstances, such as the defendant's age, sex and environment, motive, means and consequence of the crime; and (e) circumstances after the crime, etc., the defendant's punishment is imposed.

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

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