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(영문) 광주지방법원 2015.02.11 2014노1430
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. Determination of perjury is a favorable condition, such as the proper exercise of judgment authority, which is a judicial action of the State, and the fact that strict punishment is required for a crime that undermines the discovery of substantial truth, but on the other hand, it is difficult to deem that there is no previous conviction or a criminal record exceeding the fine, and that there is no influence on the result of a criminal trial, which is the premise of the defendant's perjury, due to the defendant's perjury. In addition, in full view of the circumstances leading to the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, it is not recognized that the sentence of the court below is too unreasonable, and thus the prosecutor's assertion

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. It is so decided as per Disposition.

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