(영문) 창원지방법원 2018.11.20 2018노1933 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 창원지방법원 2018.11.20 2018노1933

무고등

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for two years and for one year.

Reasons

1. The lower court’s sentence (two years of imprisonment, and one year of imprisonment) against the Defendants on the summary of the grounds for appeal is too unreasonable.

2. The Defendants’ nature of the crime is not good (the perjury is a crime that obstructs the proper exercise of the judgment authority, which is a judicial action of the State, and the discovery of substantial truth, and requires strict punishment. Defendant A, as well as the perjury, instigated other persons to give a perjury, and Defendant C was ambiguous, and Defendant C was fluored). The Defendants’ crime results in substantial impediment to the judicial function, which is disadvantageous to the Defendants.

However, there is no previous conviction against the Defendants, and there is no good health of the Defendants, and the Defendants are legally bound by the court below in this case for about six months, Defendant A appears to have an opportunity to live in prison and to reflect against the Defendants, and Defendant C appears to have an opportunity to agree with theJ and the party which is the subject of accusation and perjury, and expressed his intent that theJ does not want punishment against the Defendants.

In addition, in full view of the records of this case, such as the age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the trial process, the lower court's punishment against the Defendants is too unreasonable.

3. In conclusion, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the Defendants is therefore justified, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by this court is identical to the description of each corresponding column against the Defendants among the judgment below, and thus, it shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

유사 판례

-수원지방법원 2016.08.24 2016노3995

-대구지방법원 2016.06.15 2015노4241

-대구지방법원 2017.01.13 2016노4403

-광주지방법원 2017.01.10 2016노3537

-의정부지방법원 2018.11.15 2018노339