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(영문) 대전지방법원 2013.04.17 2013노204
게임산업진흥에관한법률위반등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. In light of all circumstances, such as the fact that the Defendant is against the Defendant and the fact that the perjury does not affect the actual result of the trial, the sentence of imprisonment (six months of imprisonment) by the lower court is too unreasonable.

B. In light of the fact that perjury by a public prosecutor is an act detrimental to the national judicial function, and in particular, the Defendant’s punishment imposed upon his own information and the punishment became final and conclusive, and the nature of the offense is not good, the sentence against the Defendant (old: one year and six months of imprisonment) is too uneasy and unfair.

2. In the case of the Defendant’s perjury, even though the Defendant delivered a phiphone to K on June 10, 201, and the Defendant received a phiphone from N on December 6, 2011, he/she testified that he/she did not receive or deliver a phiphone to K and N so that he/she would receive favorable judgment from N and N in each criminal trial against K and N. The above perjury act is highly likely to be subject to criticism as a crime infringing on the national judicial function of the country that finds the discovery of substantial truth and leads to a legitimate judgment. The above case also constitutes a crime of protecting K and N that the Defendant reported to an investigative agency and court to be sentenced to punishment in his/her narcotics crime, and there is no unfavorable condition that the Defendant was a repeated crime during the repeated crime period, despite the testimony of the Defendant, despite the fact that the Defendant was against the age of the Defendant, K and N have become final and conclusive, and the circumstances of the Defendant’s crime before and after the crime, how the Defendant committed the crime was committed, and circumstances affecting the Defendant’s health, etc.

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