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(영문) 대전지방법원 2014.08.28 2014노250
위증교사
Text

Defendant

The appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the original judgment (2 million won of fine) is too unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) the Defendant’s perjury act appears to not affect the outcome of the instant case; and (c) the Defendant has no record of being punished for the same kind of crime.

However, the crime of this case is not only an abuse of the defendant's right of defense guaranteed by the Criminal Procedure Act, but also an abuse of the defendant's right of defense against his criminal case by forcing the defendant to commit perjury, and also an infringement of the State's judicial function by hindering the court's trial for discovering the substantial truth, and thus, the criminal liability is not weak. In full view of the fact that the contents of the defendant's aiding and abetting the defendant to commit perjury are the major parts concerning the establishment of the crime of this case and the sentencing, and other various sentencing conditions such as the defendant's age, character, character, environment, circumstances of this case, and the circumstances before and after the crime

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

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