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(영문) 부산고등법원 2019.08.08 2019노213

특수상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the court below rejected all the application of the applicant for compensation, and pursuant to which the applicant for compensation rejected the application for compensation, the court below did not appeal the judgment dismissing the application for compensation. Thus, the part dismissing the said application

Therefore, among the judgment below, the dismissal of the above application for compensation is excluded from the scope of adjudication of this court.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two years of suspended sentence for one year) that the court below sentenced to the defendant is deemed to be too uneasible and unfair.

2. The lower court, under the circumstances favorable to the Defendant, determined a sentence against the Defendant by taking account of the following: (a) the victims of the instant special injury and assault; (b) the victim’s age; (c) the means and method of each of the instant crimes; (d) the risk of each of the instant crimes; and (e) the fact that the Defendant did not receive a letter of suspicion from the victims; (c) the Defendant recognized all of the instant crimes; (d) the degree of the instant injury and each of the instant assault; (e) the degree of the instant injury and the instant assault was not significant; (e) the injury and the instant assault was not significant; and (e) the amount of damage caused by each of the instant crimes was relatively small; and (e) the Defendant did not have

The crime of false accusation is a crime that causes serious pain and damage by impairing the function of criminal justice and raising unnecessary social costs by causing enormous interference and confusion with the proper investigation function and trial function of the state. On the other hand, it is highly necessary to punish a person who is in danger of unfair punishment.

However, during the investigation conducted by the police, the defendant led to the confession of the crime of false accusation and fraud, and the amount of KRW 2 million received under the pretext of agreement from M, the victim of the fraud, was returned to M.

The sentencing of the court below is above.