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(영문) 서울서부지방법원 2016.08.25 2016노747

무고

Text

The defendant's appeal is dismissed.

Reasons

The gist of the defendant's appeal is that the court below's punishment (6 months of imprisonment) is too unreasonable.

However, it is recognized that the defendant all of the crimes of this case is led to confession and reflect of all of the crimes of this case, the non-prosecution disposition was issued to the person who was not subject to the prosecution, and the person who was not subject to the punishment does not want to

However, this case had been raped by a person who had no other person

In full view of the following factors: (a) reporting false facts; (b) the nature of the crime is bad; (c) the Defendant committed the instant crime without being aware of even though he/she was committed during the period of repeated offense; and (d) the Defendant’s age, sexual conduct, environment; (c) the process and consequence of the instant crime; and (d) the circumstances after the instant crime, etc., the lower court’s punishment is too excessive and unfair; and (d) the Defendant’

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.