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(영문) 수원지방법원 2017.06.30 2017노271
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. The offense of perjury is an offense that obstructs the proper exercise of judgment authority, which is a national judicial action, and the discovery of substantial truth.

The defendant has interfered with the fair judicial action by issuing perjury so that F can obtain favorable results in the lawsuit, and this does not apply to the liability of F.

However, the defendant led to his confession during the appellate trial of the above-mentioned civil case, and the defendant's perjury supported the defendants's defense on the part of the above civil case. Since the defendants' defense on the part of the defendant was rejected and the plaintiff's claim was ruled dismissed and the judgment became final and conclusive, the defendant's perjury does not affect the result of the judgment. As a result, the defendant's perjury did not affect the conclusion of the judgment, and the defendant did not have any particular criminal history except that sentenced once to a fine for this type of crime, and the defendant reflects his mistake, etc., in full view of the circumstances favorable to the defendant and all other sentencing conditions, such as the defendant's age, sex, occupation, occupation, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., it does not seem to be unfair because

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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