(영문) 대구지방법원 2018.10.19 2018노2676 | 리걸엔진

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(영문) 대구지방법원 2018.10.19 2018노2676

위증교사등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (one year of imprisonment, three years of suspended execution, and additional collection) is too unhutiled and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. The defendant received money under the pretext of deceiving the victim and arranging the public official for the crime of fraud, together with the judgment prosecutor and the defendant's unfair argument about the sentencing of each of the offenses of this case. The crime of aiding and abetting and aiding and abetting a person to commit a crime of this case should be punished by a strict punishment in light of the fact that the defendant instigated and abetted a person to commit a crime of this case, and the nature of the crime is very bad.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the victim’s 20 million won was returned to the victim; (c) the Defendant’s perjury did not affect the outcome of the trial; (d) the Defendant’s perjury did not affect the criminal records and fines; and (e) the Defendant’s age, sex, criminal conduct, environment, family relationship; (b) motive and background, means and consequence of the instant crime; and (c) all of the sentencing conditions specified in the records and arguments, including the circumstances after the commission of the crime, etc., the sentence imposed by the lower court was proper and the judgment of the lower court

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

유사 판례

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-대구지방법원 2018.09.13 2018노2620

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