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(영문) 수원지방법원 2016.05.27 2016노2131
위증교사등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (six months of imprisonment) of the lower court is too unreasonable.

Judgment

A favorable circumstance is that confession was made immediately after the crime of perjury and perjury was committed, and accordingly does not affect the conclusion of the judgment that gave a perjury, and each of the crimes of this case is closely reflected, there is no previous conviction in the same kind of crime, and there is no previous conviction exceeding the fine.

In addition, as argued by the defense counsel, there is a “not less than a previous conviction for suspended execution,” which is the main reason for the positive consideration of the suspended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee for perjury, and “a defendant’s detention entails excessive difficulty to his/her family members.”

However, the crime of aiding and abetting the violation of the Medical Service Act is considerably long, the crime of aiding and abetting and aiding and abetting the above crime was committed for the purpose of concealing the above crime, and the crime of aiding and abetting and aiding and abetting the 2 persons with perjury concerning the matters that are difficult to know if not the party concerned, and thereby obstructing the discovery of substantial truth by itself.

In addition, unlike the assertion by a defense counsel, it cannot be deemed that there exists “no record of criminal punishment,” which is the main reason for affirmative and affirmative consideration of perjury, or that there is “no record of criminal punishment,” which is the reason for affirmative and general consideration,” and it cannot be deemed that the Defendant’s health condition was extremely unreasonable beyond the extent of the Defendant’s health condition solely based on the prescription (Reference 7) attached to the attorney’s written reason for appeal.

In full view of the fact that each perjury and aiding and abetting a violation of the Medical Service Act have been committed in addition to perjury, the judgment of the court below is appropriate, and it cannot be deemed that the sentence of the court below is too unreasonable.

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

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