logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.21 2017노2030
위증
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant is too unreasonable.

Judgment

Perjury is a situation unfavorable to the Defendant, because of its size of social harm, such as creating confusion and incompetence in the judicial action of the State, by an act impeding the discovery of substantial truth of the judicial body and the appropriate exercise of judicial power through this, etc. The Defendant, even though having directly observed the insult of B, submitted a statement conflicting to the investigation agency and the court, and made a false statement in the appellate court (Seoul Central District Court 2015No 3584B).

However, the defendant is recognized to commit the crime of this case, and the defendant appeared as a witness on the date of the third public trial of the appellate trial, and testified to the effect that he again appeared as witness on the date of the fourth public trial of the trial of the appellate trial of the appellate trial, and that the contents of testimony made on the third public trial date of the trial of the appellate trial of the appellate trial of the same kind shall be false and punished (Article 17, 273, 274 of the evidence record). Ultimately, the defendant's perjury did not have a significant influence on the result of the trial of the trial, and there was no record of punishment for the crime of the same kind and suspension of execution or more, and that the defendant is elderly and is not suitable for economic circumstances, etc. are favorable to the defendant.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for the sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair since the sentence imposed by the court below is too unreasonable

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.

arrow