(영문) 대구지방법원 2019.07.19 2019노1536 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.07.19 2019노1536

위증

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination of perjury causes confusion and incompetence in the judicial action of the State, which requires strict punishment, and the fact that the instant crime was committed during the period of repeated crime is disadvantageous.

However, in light of the favorable circumstances such as the defendant's age, character and behavior, environment, motive and means of crime and result of crime, etc., the punishment imposed by the court below on the defendant is deemed unfair, since the defendant's perjury statement is not affected by the trial result of the violation of the Act on the Control of Narcotics, etc. (fence) against D and B, and there is no same criminal record, and the crime of violation of the Act on the Control of Narcotics, etc. (fence) on which the crime of this case and the judgment of this case have become final and conclusive shall be judged at the same time in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, and other favorable circumstances such as the defendant's age, character and behavior, environment, motive and means of crime, and circumstances after

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading

(4) Article 369 of the Criminal Procedure Act provides that “A prosecutor’s appeal shall not be dismissed on the grounds that the defendant’s appeal is accepted and the judgment of the court below is reversed” (Article 369 of the Criminal Procedure Act). 【The facts constituting a crime and the summary of the evidence admitted by the court below and the summary of the evidence are as indicated in the relevant column of the court below, except where “1. Defendant’s partial statement” is changed to “1. Defendant’s legal statement.”

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

참조조문

유사 판례

-대구지방법원 2017.07.21 2016노5634

-대구지방법원 2017.12.08 2017노3638

-인천지방법원 2020.06.11 2019노4155

-청주지방법원 2012.11.01 2012노468

-대구지방법원 2017.09.08 2017노2791