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(영문) 울산지방법원 2017.04.20 2017노310

무고

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Unfavorable circumstances: The quality of each of the crimes in this case is poor.

There is a history that the defendant has been sentenced to criminal punishment for an illegal crime.

The favorable circumstances shows the attitude of the defendant to recognize and reflect each of the crimes in this case.

It seems that the defendant's physical and mental health is not good, such as suffering from a fright personality disorder.

In full view of all the conditions of the arguments and the sentencing indicated in the records of the instant case, including the above unfavorable circumstances, favorable circumstances, etc., the Defendant’s age and character environment, relationship with the victim, motive means of the crime, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.