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(영문) 서울북부지방법원 2015.01.22 2014노207
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (a fine of KRW 5 million is imposed on the Defendants A, and a fine of KRW 4 million is imposed on the Defendants B) declared by the lower court against the Defendants is too uneasible.

2. Although the defendants denied each of the crimes in this case, it is difficult to view that the defendants' mistake is divided. However, the defendants A was the victim of each of the crimes in this case and the crime in violation of the Attorney-at-Law Act, and there is no criminal record, and the defendants B may be deemed the victim of each of the crimes in this case, and the defendants B may be deemed the actual victim of the crime in this case. In addition, taking into account the motive and background leading up to each of the crimes in this case, the circumstances leading up to the crimes in this case, the defendants' age, character and behavior, environment, occupation and family relation, each of the punishments imposed by the court below against the defendants cannot be deemed unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

(However, the judgment of the court below on November 29, 201 is clearly erroneous in the statement of " around November 29, 201" in Part 6, Part 4, Paragraph 1 of Article 25 of the Rules on Criminal Procedure. Thus, the correction is made ex officio in accordance with Article 25, Paragraph 1 of the Rules on Criminal Procedure.

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