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(영문) 서울남부지방법원 2020.12.17 2020노936

무고등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment) shall be too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The crime of false accusation requires a strict punishment in that not only actively infringes on the State’s criminal justice function, but also causes other persons to be in danger of being subject to unfair criminal punishment. Although there are many criminal records, the risk is not realized since the accused was not subject to a disposition of non-prosecution disposition and the relevant investigation document did not affect the conclusion of the relevant lawsuit, and there is no special circumstance to change sentencing after the lower judgment, and there is no other discovery of changes in circumstances that could change sentencing after the lower judgment. In light of all the sentencing conditions shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, the sentence imposed by the lower court

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.