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(영문) 수원지방법원 2017.08.18 2017노451
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (eight million won in penalty) is too unfluent and unreasonable.

2. In full view of all the sentencing conditions, including the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too uneasy and unreasonable, in light of the following circumstances: (a) the Defendant’s perjury appears to have no influence on the trial result; (b) the fact that the Defendant’s perjury is a crime during the period of repeated crime; and (c) the fact that the Defendant testified false facts with the intent to obtain favorable results in the criminal trial; and (d) the fact that the nature of the crime is not good; and (e) the punishment of the lower court is too uneasy.

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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