logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.09.25 2020노425
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to the Defendant (four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine the judgment, and the perjury is a crime that undermines the judicial order, and there is a need to strictly punish such a crime, and the fact that the defendant seems to have a close relation with the judgment on the issues of related civil procedure, are disadvantageous to the defendant.

However, the court below's punishment seems to be somewhat inappropriate in light of all the sentencing conditions shown in the arguments of this case, including the defendant's age, environment, motive for and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the court below, etc., in light of the following: (a) the defendant shows the attitude of recognizing and opposing the crime of this case in the trial; (b) the defendant's perjury appears not to affect the trial result; (c) the defendant's perjury does not want the punishment of the defendant; and (d) the defendant did not want the punishment of the defendant; and (e) the defendant does not have the criminal power or the same kind of punishment.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(A) Although an appeal by a prosecutor is without merit, the appeal by a prosecutor shall not be dismissed in the order of the court below, unless the appeal by the prosecutor is accepted by the defendant and the judgment of the court below is reversed. [The reason why the decision is used in multiple ways] Criminal facts and summary of evidence recognized by the court, and summary of evidence are identical to each corresponding column of the judgment of the court below, except where the "1. Part of the defendant's court statement" in the summary of evidence is "1. Defendant's court statement".

arrow