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(영문) 창원지방법원 2017.11.15 2017노1979

무고

Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. It is recognized that the judgment of the defendant led to the confession and reflect of the crime, and that the legal dispute with the present person is likely to be settled.

However, the crime of this case is not likely to be committed in order to arrange the living relationship with a person without a criminal intent. The crime of this case is a crime that infringes on the State's criminal justice function and requires strict punishment as an offense that causes the person without a criminal intent to be subject to unfair criminal punishment. In addition, considering various sentencing conditions in the records and arguments of this case, such as the defendant's age, sex, environment, motive and means of the crime, circumstances after the crime, etc., the sentence of the court below is deemed to have been committed within the reasonable scope of discretion, and it cannot be deemed unfair because it is too unreasonable.

Defendant

The argument is without merit.

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.