logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.10.31 2013노899
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the lower court (two years of suspended execution in six months of imprisonment, and one hundred and sixty hours of community service order) is too unreasonable.

2. The facts in each of the instant crimes committed by the Defendant against C, the husband, in each of the instant cases of violation of the Road Traffic Act (LAC) and the Road Traffic Act (LAC) and the 2012No1547 of this Court, which is the appellate court, are proved twice to the effect that C drives a motor vehicle even though C drives a motor vehicle, and the relevant case is not less complicated. As such, perjury is a serious crime that causes confusion and incompetence in the judicial action of the State by interfering with the trial for discovering the substantial truth of the court, and thus requires strict punishment. The Defendant’s perjury is an unfavorable circumstance to the Defendant. The Defendant’s judgment of innocence was rendered in the instant case of this Court No. 2011No38888 of this Court against C due to the Defendant’s perjury.

However, it appears that there are circumstances to consider the defendant's perjury of this case, despite the defendant's perjury, the appellate court was sentenced to imprisonment for 4 months with prison labor for C in the case No. 2012No1547 in the appellate court, which is the appellate court, and the judgment became final and conclusive after the sentence was rendered, the defendant is currently living in the shelter due to domestic violence of C, the defendant led to confession of each of the crimes of this case and reflects his mistake in depth after the conviction was finalized, and the defendant has no specific penalty power except for punishment once by a fine, in full view of the circumstances favorable to the defendant, character, character and environment and environment of the defendant, the circumstances and results of each of the crimes of this case, the circumstances after the crime, etc., and all of the circumstances that are conditions for sentencing as shown in the records and arguments, and thus, the defendant's above assertion is justified.

3. Accordingly, the judgment of the court below is reversed, and the defendant's appeal is justified.

arrow