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(영문) 서울중앙지방법원 2017.11.24 2017노3469
위증교사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the reasons for appeal is too unreasonable.

2. The judgment of the defendant gave money to obtain a verdict of innocence in his criminal case, and the crime is not likely to be committed to make the judge difficult to find the substantial truth and to interfere with the appropriate exercise of the state's criminal justice power.

In fact, the defendant was pronounced not guilty in the first instance trial of the criminal case of the defendant.

In consideration of this, the criminal liability of the defendant is not against the law.

However, the defendant has been led to the appellate trial to make a confession of the crime of this case and to reflect his mistake in depth (Provided, That the time when the defendant led to his confession does not fall under the requirements for legal mitigation since the criminal case that instigated the perjury became final and conclusive). The case where the defendant instigated the perjury is a case where a summary indictment was filed with a fine of one million won, and the degree of punishment that the defendant intended to escape is heavy.

It is difficult to see it.

The defendant's perjury was found guilty in the appellate court and the prosecutor's appeal was dismissed. As a result, the defendant's perjury did not affect the result of the criminal case.

The Defendant is an initial criminal who had no record of criminal punishment prior to the instant crime.

In full view of the Defendant’s age, sex, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is unreasonable.

3. Thus, the defendant's appeal is reasonable, and the judgment of the first instance court is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided after pleading.

[Re-written judgment] Criminal facts and summary of evidence against the defendant recognized by the court, and they are related thereto.

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