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(영문) 서울중앙지방법원 2014.04.10 2014노449
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. On January 21, 2014, the defendant's appeal of the defendant is dismissed by a ruling under Article 361-4 (1) of the Criminal Procedure Act, as long as the defendant appealed against the judgment of the court below on January 21, 2014 and filed an appeal. On February 10, 2014, the fact that he/she did not submit the statement of grounds for appeal within 20 days from the notification of the receipt of the notification of the trial records and the notification of the appointment of a state appointed defense counsel is apparent in the record, and the defendant's appeal does not contain any grounds for appeal, and there is no ground for ex officio investigation. Thus, the

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal (a fine of six million won) declared by the court below is too unhued and unreasonable.

B. It is reasonable to take into account the following circumstances: (a) the Defendant’s instant perjury crime appears to have an effect on the outcome of the instant case; (b) the fact that the judgment on the grounds for appeal is contrary to the recognition of the Defendant’s mistake; and (c) the Defendant was sentenced to a fine of two million won despite the Defendant’s perjury.

On the other hand, in full view of the fact that the defendant's perjury crime of this case brought a confusion in the trial and trial in the above case and caused considerable loss to the national judicial function, and other various circumstances, including the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

Therefore, prosecutor's assertion is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again

[Discretionary Judgment] Criminal facts and summary of evidence recognized by the court.

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