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(영문) 인천지방법원 2018.05.31 2018노472
위증교사
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (six months of imprisonment, two years of suspended execution, two years of community service work, two hundred hours of imprisonment) is too unreasonable.

2. Although the defendant was found to have committed a crime for the first time in the trial, this case is against the defendant's co-defendant A in his criminal case. The defendant instigated the defendant to give perjury in his criminal case, and the defendant denies and actively contests the crime at the appellate court of the relevant criminal case with Gap's testimony, and the judgment of the court below of this case did not deny and reflect the crime of perjury.

The purpose of perjury is to protect the judicial action of the country, and to prevent the trial and judgment for the discovery of truth from being endangered. In light of the above legal interests and functions of perjury, the defendant's act of aiding and abetting perjury should be punished strictly because the nature of the offense is very poor.

In full view of the following facts: (a) the Defendant was subject to criminal punishment twice due to fraud, violation of the Road Traffic Act, and all of the sentencing conditions in pleadings, including the Defendant’s age, health, sex, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime, etc., it cannot be deemed that the Defendant’s sentence imposed by the lower court is too unreasonable.

In particular, although the defendant asserts that community service for 200 hours is excessive, it is reasonable to prevent recidivism through community service, to have an opportunity to ensure the seriousness of the crime of this case, to prevent the seriousness of the state's judicial action, and to repeat it once.

Therefore, the defendant's argument of sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (as to the costs of lawsuit, the proviso of Article 186 (1) of the Criminal Procedure Act shall apply).

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