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(영문) 의정부지방법원 2020.01.09 2019노110
위증
Text

All appeals filed by prosecutors and Defendant D are dismissed.

Reasons

1. Summary of grounds for appeal;

(a) Each sentencing and police officer (for defendants A, 8 months of imprisonment, 2 years of suspended execution, and 2 years of suspended execution) of the prosecutor (for defendants A): Imprisonment with prison labor for not less than 10 months and 2 years of suspended execution

B. The defendant D's sentencing department

2. Determination

A. We agree with the prosecutor's argument that the sentencing judgment (the prosecutor's appeal) of Defendant A is the case where the harm of perjury and perjury is heavy by the defendant's repeated crime. However, in full view of the fact that the defendant led to confession, the crime of perjury did not affect the judgment, and there was no criminal record of the same kind, the court below's decision of punishment is acceptable.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

B. The judgment of sentencing against Defendant D ( Both appeals) was examined, and the sentencing conditions asserted by both parties are already considered in the court below’s determination of punishment, and the judgment of the court below did not deviate from the reasonable scope of discretion, and there is no change in the sentencing conditions in the court below.

Therefore, both parties do not accept the allegation of unfair sentencing.

3. In conclusion, the appeal filed by the prosecutor and the defendant D is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals filed by the prosecutor and the defendant are without merit. It

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