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(영문) 부산지방법원 2018.02.22 2017노3972
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant recognized the crime and reflects, and the Defendant was deemed not to have directly seen the face of the prosecution, and that there are some circumstances to be considered in light of the circumstances leading to the perjury, etc. is advantageous.

However, perjury is an offense that obstructs the proper exercise of the state's judicial power by making it difficult to discover substantial truth, and requires strict punishment. In particular, in that the testimony of the accused is about important matters in the judgment on the existence of a crime, the quality of the offense is somewhat weak.

shall not be deemed to exist.

In full view of the above circumstances, the lower court determined the sentence against the Defendant, and there is no new change in circumstances that could change the sentence of the lower court in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, as shown in the deliberation by the court below and the party, the sentence of the court below cannot be deemed to have exceeded the reasonable scope of discretion or to be unfair because it is too large.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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