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(영문) 인천지방법원 2020.06.11 2019노4155
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The judgment that recognized the Defendant to commit the instant crime, and that the instant crime was established on July 2, 2019 and concurrent crimes under the latter part of Article 37 of the Criminal Act with the Act on the Control of Narcotics, Etc., which became final and conclusive, should take into account equity with the case to be adjudicated at the same time. The Defendant has no same criminal records. Although the Defendant is favorable to the Defendant, perjury is an act impeding the discovery of substantial truth and the appropriate exercise of judicial power through this, which may cause confusion and incompetence in the judicial action of the State, and thus, requires strict punishment. In full view of all other circumstances such as the background, means, results, and circumstances, etc. of the instant crime, which are conditions for sentencing, the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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