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(영문) 수원지방법원 2018.01.17 2017노7926
위증
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. In light of the fact that perjury is an offense detrimental to the function of the State in relation to the judiciary by making it difficult to discover the truth of the court or the inquiry agency, and the Defendant’s testimony is a major issue related to the perjury case, the need for strict punishment against the Defendant is high.

However, since the defendant made confession of all crimes for the first time, since the judgment of the case was already finalized, it does not constitute a requisite reduction or exemption ground under Article 153 of the Criminal Code.

In full view of the facts that one's mistake is divided, that the defendant's perjury does not have any particular influence on the result of the lawsuit, that the defendant does not have any same criminal record, that the defendant does not have any criminal record exceeding a fine after around 2004, that the defendant shows symptoms such as mental concentration disorder and memory disorder, etc. (the trial record 281 face, etc.), and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, family relation, sex and environment, motive, means and consequence of the crime, etc., the court below's punishment is recognized to be unfair, and the defendant's argument is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 of the Criminal Act concerning the facts constituting an offense and Article 152 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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