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(영문) 수원지방법원 2015.09.18 2015노1757
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. The fact that the Defendant, even though having taken an oath in court for C for the purpose of trial, perjury is an act that makes it difficult to discover the truth through a trial and thus makes it difficult to find out the truth, and there is a need to strictly punish the Defendant.

However, in light of the favorable circumstances such as the Defendant’s perjury for his spouse C, and the Defendant was convicted despite the Defendant’s perjury, and there is no previous conviction except for the Defendant who was sentenced once to a fine, it cannot be said that the sentence imposed by the lower court is too unreasonable, given that various sentencing conditions such as the Defendant’s age, character, environment, criminal record, motive, means and consequence of the crime, degree of damage, and circumstances after the crime are considered.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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