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(영문) 대구지방법원 2017.01.13 2016노4403
특수절도등
Text

All the judgment below is reversed.

Defendants shall be punished by imprisonment for six months.

except that from the date of this judgment.

Reasons

1. The summary of the grounds for appeal is that each sentence (six months of imprisonment) imposed by the lower court on the Defendants is too unreasonable.

2. The crime of this case is deemed to have committed false testimony in a criminal case against E in order to prevent the Defendants from being subject to criminal punishment for committing the above special larceny in collaboration with E. In particular, the part where the Defendants testified falsely was a major part in the above criminal case, and perjury is a crime that obstructs the appropriate exercise of judgment authority, which is the judicial action of the State, and the discovery of substantial truth, and requires strict punishment corresponding to it. In light of the above, the nature of the crime is not weak.

However, the defendants all recognize the crime of this case, and they seem to repent their mistakes in depth while living in prison for three months.

In addition, the Defendants agreed with the victim of a special thief crime and agreed that the victim would be the preference of the Defendants, and not only led to the confession of the crime of perjury before the criminal trial against E became final and conclusive, but also the false testimony of the Defendants did not affect the outcome of the trial in the criminal case against E.

In addition, the amount of damage caused by a special larceny crime is not significant, and Defendant A has no particular criminal history except that sentenced to a fine once for a crime of 20 years prior to the sentence of a fine, and Defendant B has no criminal history.

In addition, Defendant A needs to support a spouse who is not healthy due to the parents and believerss of old age, and Defendant B needs to support those children with physical disability and intellectual disability 3.

In addition, in full view of the various circumstances that are conditions for sentencing, such as the age, sex, environment, criminal history, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, each punishment that the court below sentenced against the Defendants is too unreasonable.

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