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(영문) 전주지방법원 2014.11.14 2014노954
위증교사등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: each sentence of the court below against the Defendants (the two-year suspended sentence of imprisonment; the three-year suspended sentence of imprisonment; the two-year suspended sentence of imprisonment; and the two-year suspended sentence of one-year imprisonment) is deemed to be too una

2. Defendant A’s crime of perjury is an offense causing confusion in the judicial order and incompetence of the general members of society, and the nature of the offense is inferior, due to the Defendants’ joint coercion, the victims suffered emotional distress, the Defendants did not agree with the victims, or did not recover damage to the victims, and Defendant A had been sentenced to suspension of execution several times due to violent criminal records, etc. However, the Defendants should be strictly punished. Meanwhile, Defendant A led to a civil suit against the victims and J based on each of the above crimes committed by Defendant A through the instant coercion. While Defendant A submitted a written withdrawal of the suit against the victims in the above civil procedure during the trial, it is deemed that there is no concern that economic damage would occur to the victims. Defendant C’s joint coercion is relatively minor, the circumstances leading up to the Defendants’ joint crime, and the circumstances leading up to the Defendant’s age, personality and behavior, and the circumstances surrounding each of the above crimes are not recognized, and there is no reason to deem the Defendants’ punishment to be unfair after considering the following circumstances.

3. In conclusion, since each appeal by the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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