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(영문) 의정부지방법원 2015.11.13 2015노2533
위증
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In light of the substance and method of the crime, legal interests and interests protected by the law, etc., the crime of this case committed by the defendant is deemed to be disadvantageous to the defendant, and the fact that no agreement has been reached with the victim of the perjury case until now, etc. is deemed to be disadvantageous to the defendant.

However, on the other hand, the defendant made a statement that he/she made a confession of the crime of this case and reflects his/her mistake in depth from investigation agency to investigation agency, that the defendant's perjury seems not to have any particular influence on the trial result of the related case, that there are reasons for considering the circumstance of the crime of this case in Grade 3, that there are some reasons for taking into account the circumstance of the crime of this case, that there is a certain degree of time for living in custody for about 2 months, that there is a person's consciousness and body, that there is no criminal history, balance with the general sentencing of the same or similar case, and that there is no other punishment power, in full view of the defendant's age, character and character, intelligence and environment, motive, means and consequence of the crime of this case, possibility of recidivism, relationship with the victim, circumstances after the crime, criminal records, family relations, health conditions, etc., the defendant's assertion that the sentence of this case imposed by the court below is unreasonable is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows. The judgment of the court below, except for the addition of “the defendant’s oral statement” to “the summary of evidence” as stated in the reasoning of the judgment of the court below.

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