무고등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and two months.
. Prosecutors;
1. The prosecutor's appellate brief summary of the reasoning of the appeal by the court below against the defendants (defendant A: one year and two years of imprisonment, two years of probation, six months of imprisonment, two years of probation, two years of probation, two years of probation, and one hundred and twenty hours of community service order) is too unfasible and unfair.
2. Determination
A. The circumstances favorable to the defendant are recognized, such as the fact that the defendant made a judgment on the defendant A was in the first instance, and the defendant made a confession of all the crimes of this case and reflects the depth of the mistake, the fact that the defendant was not subject to any disadvantage, such as prosecution or criminal punishment, the defendant was the first offender, and the fact that the defendant was in a position to care for a baby for six months after he was given birth on May 18, 2018.
However, the crime of this case was committed in collusion with the defendant alone or with B, causing the risk of criminal punishment and undermining the State's adequate judicial function by causing the risk of criminal punishment by making the person who is not guilty, and further, in collusion with B, acquiring a total of 90,070,000 won from among the above persons who are not guilty, in light of the contents of the crime. In particular, the crime committed by the defendant is mainly a sex offense, and in the case of a sex offense, the victim's statement is a conclusive conviction, and the victim's statement is evidence for conviction, and today's social awareness of the sex offense and punishment is more strict, it is highly probable that the defendant may cause serious damage to the person who is not guilty, the defendant did not agree with the person who is not made any effort to recover the damage of the person who is not guilty, and the court below's decision against the defendant is deemed to be too unfair, considering all circumstances that constitute the conditions for sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc.
Therefore, the prosecutor's improper argument of sentencing is justified.
B. There is no change in the conditions of sentencing compared with the first instance court’s judgment on Defendant B.