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(영문) 대구지방법원 2017.12.08 2017노3638
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended sentence of six months, two years of suspended sentence of imprisonment, and 80 hours of community service) is too unreasonable.

2. Determination of perjury causes confusion and incompetence in the judicial action of the State, which requires strict punishment, and the statement of the defendant concerning important facts at the judgment of not guilty, etc. is disadvantageous or the defendant's statement does not affect the result of the trial of the injury case against C, the defendant has no record of punishment other than once a fine, and the defendant has no record of punishment other than a fine, and the defendant's health status is inappropriate for providing community service, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are considered as a whole, and all other factors indicated in the arguments such as the defendant's age, sex, environment, motive, means and consequence of the crime.

3. Accordingly, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 of the Criminal Act concerning the facts constituting an offense and Article 152 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered the favorable circumstances as seen earlier);

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