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(영문) 서울중앙지방법원 2018.01.12 2017노3716

무고

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one hundred months of imprisonment and two years of suspended sentence) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant led to the confession and reflects of the crime of this case as the first offender, and that the person who did not want the punishment of the defendant under an agreement with the person who did not want to be punished, etc.

However, the crime of false accusation causes unnecessary waste of human resources by the criminal justice agency, and it is necessary to severely punish because it may lead to the exercise of the country's penal authority, and the fact that the accused was subject to investigation for a considerable period of time due to the accused's complaint, etc. are disadvantageous to the accused.

In full view of all the circumstances that form the conditions for sentencing, including the Defendant’s age, sexual conduct, environment, background of the crime, circumstances after the crime, and sentencing of similar cases, in this case where there was no special change in circumstances that could change the sentence of the lower court in the course of the trial, the lower court’s punishment is only within the scope of reasonable discretion, and is not recognized as unfair because it is too unreasonable.

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