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(영문) 서울남부지방법원 2013.09.26 2013노1349
위증교사
Text

The judgment below

The part concerning the Defendants is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

Reasons

The summary of the grounds for appeal by the defendants is that the punishment of the court below (the defendant A: the imprisonment of 8 months and the imprisonment of 6 months) is too unreasonable.

Perjury is a crime that obstructs the trial of the court to find substantial truth and thus requires strict punishment as an offense that undermines the realization of the proper judicial function of the State. In particular, it is not good that the defendant A has caused his wife, the senior, the subordinate staff, and the staff of the customer to give perjury in order to conceal his own crime.

However, the defendants' profits acquired by committing the crime of violation of the Medical Service Act by the defendants who had been the opportunity of perjury and perjury are not much much than KRW 10 million, and the punishment imposed on other defendants in the case of violation of the Medical Service Act due to the receipt of rebates similar to this case is equitable, the defendants already engaged in prison life for about four months due to the case of the perjury and the violation of the Medical Service Act. The defendants led to confession from the investigative agency of the facts of perjury and perjury, and they are in profoundly against their mistake. In addition, considering the motive for the crime of this case, circumstances after the crime of this case, the defendants' age and character, family relations, etc., the punishment of the judgment below is too unreasonable. Thus, the defendants' assertion is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered.

Criminal facts

The summary of the facts and evidence recognized by this court is identical to those 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(1) and Article 31(1) of the Criminal Act (Selection of Imprisonment) Defendant C: Article 152 of the Criminal Act

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