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(영문) 서울서부지방법원 2017.11.30 2017노872
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (2 million won in penalty) is too unfluent and unjust.

2. In light of the judgment, perjury is an offense that obstructs the proper exercise of national judicial power by making it difficult to discover substantial truth, and requires strict punishment, etc., which is disadvantageous to the Defendant.

However, in full view of various sentencing conditions as shown in the pleadings of this case, including the Defendant’s age, sexual conduct, environment, the process and result of the instant crime, the circumstance after the instant crime, etc., the lower court’s punishment is too unfeasible and unreasonable, and thus, the prosecutor’s improper assertion of sentencing 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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