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(영문) 광주지방법원 2014.11.06 2014노901
위증교사
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. The crime of this case is not a good crime in light of the following facts: (a) the defendant was tried on the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which led C to continue sexual traffic by threatening C to discontinue sexual traffic; (b) the defendant continuously called the above F or asked F to give a perjury at the prosecution by himself/herself; and (c) the defendant instigated F to give a perjury by carrying out a witness examination in advance; (d) the seriousness of the crime of this case, the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thereby obstructing F to the State’s trial function and judicial function; and (e) the court’s efforts to discover the substantial truth.

However, considering the favorable circumstances, such as the fact that the Defendant appears to have recognized the instant crime, the Defendant’s age is the primary offender who has no criminal records, the Defendant and C had a relationship with the Defendant, and the fact that there was no strong demand for the victim in the course of instigating the above evidence, the Defendant’s confession as to the instant crime before the judgment became final and conclusive, the Defendant’s perjury by the Defendant’s teacher did not affect the result of the trial, and other favorable circumstances, such as the Defendant’s character and behavior, environment, and the background and result of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the crime, etc., the Prosecutor’s allegation is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (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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