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(영문) 서울북부지방법원 2016.07.22 2015노2133
위증교사
Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

Defendant. A fine.

Reasons

1. The reasoning of the appeal is heavier than that of the lower court.

2. We examine ex officio prior to the judgment on the grounds for appeal.

When a person who committed perjury voluntarily surrenders himself/herself before the judgment or disciplinary action becomes final and conclusive (Article 153 of the Criminal Act). The Defendant led to the confession or exemption of punishment (Article 153 of the Criminal Act). On November 10, 2015, prior to the final and conclusive judgment of a case of perjury B, the Defendant led to the confession of the said perjury on the first trial date of the lower court.

The judgment of the court below that did not take necessary reduction or exemption measures for the crime of perjury shall not be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 152(1) of the Criminal Act, Article 31(1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

1. Articles 153 and 152 (1) of the Criminal Act to be mitigated by law;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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