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(영문) 창원지방법원 2018.07.19 2018노1216
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Determination of perjury is a crime detrimental to the function of the nation to find the truth of a court or an inquiry agency, and thus requires strict punishment, considering the fact that the defendant's testimony was about the major issues of a perjury case, there is a high need to punish the defendant.

However, in full view of the following facts: (a) the Defendant led to the confession of the offense, and his mistake is divided; (b) the perjury of the Defendant does not have any particular influence on the result of the trial; (c) the Defendant did not have any same criminal record and there is no record of crime since 1999; and (d) the Defendant’s age, family relation, sex and environment; (b) motive, means and consequence of the offense; and (c) other various sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the commission of the offense, the lower court’s punishment is too unreasonable,

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 153 and Article 55 (1) 3 of the Criminal Act (in cases of confession, etc.) to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant in determining the grounds for appeal above);

1. The community service order under Article 62-2 of the Criminal Act;

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