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(영문) 대구지방법원 2013.08.09 2013노1763
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is excessively unreasonable.

2. Determination

A. It is recognized that the Defendant had no previous conviction, and that the instant crime was committed under the circumstances in which the employees of G, a stock company, did not receive wages and retirement allowances due to the company’s default, and thus, there are extenuating circumstances in terms of the motive thereof, and that the Defendant appears to be against the instant crime.

However, in light of the following: (a) the process of criminal proceedings against F and H; (b) the Defendant’s influence on the employees of G; and (c) the degree of the Defendant’s participation in the process of submitting a written confirmation of certification of facts on April 14, 2012 by the employees in the above criminal case; (b) the Defendant appears to have committed the instant crime in a planned manner; (c) the Defendant raised perjury in the said criminal case for economic purposes; and (d) the perjury influenced the judgment of the first instance court; (d) the victims who suffered from irrecoverable mental distress due to the evasion of enforcement by F and H; (e) the victims suffered from the instant crime again due to the Defendant’s act of evasion of enforcement by F and H; and (e) perjury requires strict punishment as an offense impeding the realization of the State’s adequate judicial function by interfering with the court’s deliberation for the discovery of substantial truth; and (e) other circumstances, such as the motive, means and methods of the instant crime; and (e) the circumstances after the crime, it cannot be determined that the sentence of the

B. Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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