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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the case of misunderstanding of facts and misunderstanding of legal principles, the Defendant did not appear as a witness in the case of embezzlement against G and made a false statement contrary to his memory, but the lower court found the Defendant guilty of the facts charged in this case. Therefore, the lower court erred by misapprehending the legal doctrine on perjury or misapprehending the legal doctrine
B. Even if not, on the basis of unreasonable sentencing, the sentence imposed by the court below (5 million won of fine) on the defendant is too unreasonable.
2. Determination
A. In light of the records of this case, a thorough examination of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts and misapprehension of legal principles, it is justified that the court below recognized that the defendant appeared as a witness of the embezzlement case against G and made a false statement contrary to his memory, and there is no illegality of misconception of facts as alleged by the defendant, or of misunderstanding of legal principles as to perjury.
Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.
B. The Defendant’s decision on the assertion of unfair sentencing is not against the Defendant’s denial of the instant crime until the trial at the trial at the trial, and perjury is a very serious crime of national and social harm, such as undermining the proper exercise of judicial power by the State, undermining the people’s trust in judicial and trial, and creating unnecessary litigation and judicial expenses. In particular, G may have been punished in the relevant criminal case depending on the credibility of the Defendant’s testimony, and in consideration of the motive and circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and other various circumstances that are the conditions for sentencing specified in the records and arguments, the sentence imposed by the lower court seems to be reasonable.
Therefore, the defendant's inappropriate sentencing.