Cases
208No90 Manois
Defendant
○ ○
Appellant
Defendant
Prosecutor
nan
Defense Counsel
Attorney Park Do-young
Judgment of the lower court
Incheon District Court Decision 2007Gohap5062 Decided December 27, 2007
Imposition of Judgment
April 11, 2008
Text
The defendant's appeal is dismissed.
The number of days under confinement prior to the pronouncement of this judgment shall be 106 days in the penalty of the original judgment.
Reasons
1. Summary of grounds for appeal;
In light of the circumstances of the defendant's perjury, the sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. Determination on the grounds for appeal
In light of the fact that the defendant's mistake appears to be against himself/herself, and the fact that the defendant was acquitted of ○○ in the criminal case where he/she was proved to be guilty is recognized. However, the fact that the exercise of the penal authority by a state agency was seriously impeded, and that ○○ appears to have suffered considerable mental and property pain due to his/her long-term trial, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, including the defendant's age, character and conduct, environment, circumstances after the crime, etc., are examined in light of all the circumstances asserted by the defendant, the sentence imposed by the court below against the defendant is appropriate and it does not seem that the determination is unreasonable
3. Conclusion
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no reason to appeal, and 106 days of detention before the judgment after the appeal is made in accordance with Article 57 of the Criminal Act shall be included in the punishment of the original judgment. It is so decided as per Disposition.
Judges
Judges of the presiding judge
Judges
Judges