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(영문) 인천지방법원 2016.03.17 2015노2940
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of six months, the suspension of execution of two years, and the community service work 120 hours) is too unreasonable.

2. The crime of this case is a circumstance favorable to the defendant, in which the defendant appeared in court as a witness and made a false statement. The confession of the crime and the mistake against the defendant was committed in the past, the perjury of the defendant did not affect the result of the criminal trial, and the defendant has no record of being sentenced to a punishment exceeding the same criminal record or fine.

However, perjury is a crime that interferes with the proper judicial function of the state and damages the people's trust in the judiciary and trial.

In the appellate court of the above criminal case, the defendant's perjury did not affect the result of the trial, even though the defendant made a false statement in the important part for discovering the truth of the criminal case, and the nature of the crime is not good.

In full view of such circumstances as the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable, as it is too unreasonable.

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

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