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(영문) 대구지방법원 2013.09.12 2013노2282
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The fact that the judgment of the defendant recognized the crime of this case, and despite the perjury of the defendant, the defendant refers to a witness, and the defendant was pronounced guilty and the judgment became final and conclusive, etc. shall be considered in favor of the defendant.

However, the crime of perjury requires strict punishment because it is a crime that interferes with the judicial action of the State by making it difficult to find the substantial truth of the judicial body. In particular, the crime of perjury in this case is not suitable in light of its circumstances, and is committed without being aware of the nature of the crime, even though it is under probation period, and the criminal records including the same criminal record and one time, are more than 20 times, and the criminal records of some criminal records are more than 10 times, and when examining the contents of the crime of perjury in part, it appears that the defendant repeatedly commits the crime such as receiving money in return for witness's statement while committing the crime of this case, which is similar to the criminal records of this case.

In full view of the above circumstances, such as the defendant's above-mentioned normal relation, age, character and conduct, environment, family relationship, and circumstances after the crime, it is not determined that the sentence imposed by the court below is too unreasonable.

Defendant’s assertion is without merit.

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

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