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(영문) 대구지방법원 2018.06.08 2018노1276
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The fact that the Defendant recognized the facts charged in this case and reflects the facts charged, and that there is no record of crime exceeding the fine, etc. are favorable circumstances.

However, in full view of the facts indicated in the records and arguments of this case, including the Defendant’s age, sex, environment, family relationship, motive, circumstance, means and consequence of the crime, etc., the punishment imposed by the court below is appropriate, and the sentencing judgment by the court below exceeded the reasonable limit of discretion, in light of the following: (a) there is a need to punish the Defendant as a crime that may impair the trust in the national judicial system by impairing the discovery of substantial truth; (b) the intentional testimony was bad in FB G due to the pro rata relation, etc.; and (c) other circumstances shown in the records and arguments, such as the Defendant’s age

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

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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