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(영문) 수원지방법원 2012.12.12 2012노4375
위증
Text

Defendant

B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s imprisonment (eight months of imprisonment) is excessively unreasonable.

B. The lower court’s sentence against the Defendants to the public prosecutor (the Defendant A: imprisonment of August, the suspended sentence of two years, and the Defendant B: imprisonment of eight months) is unreasonable.

2. As to the assertion of unfair sentencing by Defendant B and the prosecutor, it appears that Defendant A’s perjury did not affect the outcome of the trial on Defendant B, and that it would not have been easy for Defendant A to refuse the request by the two-dimensional criminal defendant B, and the crime of perjury requires strict punishment as an offense impeding the appropriate exercise of judgment authority, which is a judicial action of the State, and the discovery of substantial truth. In the case of Defendant B, the crime of several methods similar to the Seoul East East District Court 2006Kadan2566 Decided September 3, 2004, on which Defendant A issued the above certificate, was released on September 1, 2004, and the remaining period had passed on February 7, 2006, without being well-founded, and on the ground of the name of repeated offender, during the period of punishment, the court below did not appear to have imposed excessive punishment on Defendant A, including the circumstances surrounding the crime of this case’s imprisonment, or the circumstances surrounding the crime of this case’s imprisonment, etc., and thus, the above circumstances and the lower court’s punishment were not unreasonable.

Therefore, Defendant B and Prosecutor’s argument are without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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