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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
B. The prosecutor (in respect of the defendants: 1 year of imprisonment; 8 months of imprisonment) declared by the court below is too unfasible and unfair.
2. Determination
A. We also examine the unfair sentencing argument of Defendant A and prosecutor in each part of Defendant A and prosecutor.
Perjury requires strict punishment as a crime undermining the proper judicial function of the State and undermining the people's trust in the judiciary and trial. In particular, the crime of this case is more serious than a liability for committing perjury in the criminal trial against Defendant B after Defendant A committed a perjury in the civil trial against Defendant B.
On the other hand, the defendant A recognized the crime of this case after the last public trial of the court below, and the perjury in the criminal trial of the above defendant does not have a huge influence on the result of the trial.
In addition, the defendant A has no record of criminal punishment for the same crime.
In addition, comprehensively taking into account the various circumstances in which the sentencing conditions indicated in the records, such as Defendant A’s age, sexual conduct, environment, details and contents of the crime, and circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is deemed appropriate, too heavy, or is too excessive and unfair.
Therefore, the above argument by the defendant A and the prosecutor is without merit.
B. The crime of this case on the part of Defendant B was committed by Defendant B in his civil trial, and the nature of the crime is not very good.
However, Defendant B recognized the crime of this case after the last public trial of the court below, and there is no record of criminal punishment more than that of the same crime and of qualification suspension.
In addition, the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which has become final and conclusive.