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(영문) 부산지방법원 2015.04.30 2015노491
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the testimony of the defendant was not affected by the trial, that the defendant led to confession of perjury before the trial of the perjury became final and conclusive, and that there are some circumstances to consider the fact that the defendant was given a perjury for a person in a de facto marital relationship.

However, perjury is an offense detrimental to the proper exercise of judgment authority, which is the judicial action of the State, and the discovery of substantial truth, and even if considering the above circumstances, the punishment corresponding thereto is required, and the court below has already been determined by fully considering the overall circumstances, and there is no change in circumstances that make the judgment of the court below and the punishment different from the judgment of the court below at the time of the trial, and all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, character and behavior, environment, method of crime, circumstances after the crime, etc., are considered, the sentence imposed by the court below may be determined as appropriate.

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

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

However, in the application of the law of the lower judgment, Article 153 of the Criminal Act is apparent that the “1. Confession” portion in the application of the law is a clerical error in Articles 153 and 55(1)6 of the Criminal Act, and thus, it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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