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(영문) 의정부지방법원 2014.11.20 2014노2051

무고등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year of imprisonment) shall be too unreasonable as to the summary of the grounds for appeal.

2. In the case where the Defendant was in the trial for the first time, and there are circumstances to consider the circumstances leading to the instant crime. However, the amount of defraudation of the instant case reaches KRW 1,50,000,00, the victim’s damage has not been recovered, and the crime of false accusation among the crimes of this case requires strict punishment in that it is a crime that infringes on the national legal interest, which is a proper exercise of the State’s trial function, and seriously threatens the legal stability of the crime, and in light of all the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., it cannot be deemed that the sentence of the lower court against the Defendant is too unreasonable.

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