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(영문) 창원지방법원 2017.10.18 2017노1114
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court determined that the Defendant was a first offender who had no record of punishment prior to the instant crime, and that the Defendant’s perjury appears to have not affected the outcome of the instant case in light of the purport of the judgment of innocence against C, and that the crime of perjury requires strict punishment as an offense of serious social harm, such as making it difficult to discover the truth of the substance, undermining the State’s proper exercise of judicial power, impairing trust in the trial, and creating unnecessary expenses, etc. The Defendant consistently stated false facts from the investigative agency to the testimony from the court of the relevant case, and consistently stated false facts from the investigative agency to the testimony from the court of the relevant case, taking into account the fact that there is a great need for punishment by denying the Defendant’s age, sex, environment, motive and means of the instant crime, circumstances after the crime, etc.

The reason for the improper sentencing (the necessity of strict punishment, the unliabilityless attitude, and the poorness of the crime) alleged by the prosecutor appears to have been sufficiently considered in determining the sentence against the defendant by the court below, and the above change in the above sentencing condition was otherwise changed.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

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

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