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(영문) 대구지방법원 2016.11.25 2016노2795
위증
Text

All appeals by the Defendants are dismissed.

Reasons

1. Each sentence (four months of imprisonment) declared by the court below against the Defendants in the summary of the grounds for appeal is too unreasonable.

2. The Defendants recognized the crime of this case as committing the crime of this case, and violated their depth in depth, and the Defendants’ false statements did not affect the outcome of the trial of the relevant case.

In addition, the Defendants’ crime of this case is in the concurrent relationship between special larceny, etc. for which judgment has become final and conclusive, such as the statement of criminal records in all the facts constituting the crime in the judgment below, and the latter part of Article 37 of the Criminal Act needs to be determined at the same time

In the case of Defendant B, the mother of Defendant B appealed in the trial court.

However, perjury is an offense that interferes with the proper judicial function of the State and damages the people's trust in the judiciary and trial, and requires strict punishment corresponding thereto, and considering that the Defendants' perjury was the importance that may have a decisive influence on the hearing of the relevant case, the quality of the Defendants' crime is not somewhat weak.

In addition, there is no particular change in the sentencing conditions in the trial compared with the original judgment.

In addition, comprehensively taking into account the following circumstances, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the crime, it is not recognized that the lower court’s sentence imposed on the Defendants is too unreasonable.

3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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