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(영문) 부산지방법원 2016.09.29 2016노1506
위증
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed on the Defendants (two years of suspended execution of six months for each of the imprisonment, two years of community service order, and 120 hours) is too uneased and unreasonable.

2. Determination of perjury is an offense impeding the proper exercise of the State’s judicial power, and its social harm is not significant, and it is clear that there are various circumstances where the nature of the offense of this case or the possibility of criticism cannot be easily viewed as a crime or the possibility of criticism, such as the Defendants’ denial of the offense to the lower court, but the Defendants’ perjury seems to have an influence on the outcome of the relevant criminal case, the Defendants’ attitude to recognize and reflect the mistake in the past, and the Defendants’ attitude to have no record of the offense, and other circumstances such as the Defendants’ age, sex behavior, environment, motive and circumstance of the offense, and circumstances after the crime, etc., are within the scope of the proper sentencing discretion.

The decision is judged.

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.

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