logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.04.01 2016노95
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six 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 (six months of imprisonment) is too unreasonable.

2. Ex officio determination, Article 153 of the Criminal Act provides, “If a person who has committed perjury under Article 152(1) makes a confession or surrenders himself/herself before the judgment or disciplinary action on the said case becomes final and conclusive, the punishment shall be mitigated or remitted.”

In addition, the provision on the reduction or exemption of punishment in a case where a person who has committed perjury under Article 153 of the Criminal Act makes a confession or a voluntary reduction or exemption of punishment before the judgment becomes final and conclusive, and there is no restriction as to the procedure of confession, and thus, it is not only voluntary confession against the institution dealing with the above confession, but also includes the defendant or suspect of the above perjury case in the concept of the above confession (see Supreme Court Decision 73Do1639, Nov. 27, 1973; Supreme Court Decision 2014Da394, Feb. 13, 2016). According to the records, the court below's decision that should be mitigated or exempted since the defendant can no longer be recognized as having submitted the reason for the confession of the above perjury and the statement on his/her confession to the court of first instance on February 11, 2016.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is again ruled as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the corresponding column of the judgment of the court below, except for the addition of “1.1 Defendant’s oral statement” to the column of evidence.

arrow