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(영문) 대구지방법원 2019.08.20 2019노1189

무고

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unreasonable.

2. The fact that the Defendant recognized the instant crime from the prosecution investigation stage to reflect the fact is favorable to the Defendant.

However, it is not good that the crime of this case is committed on the suspicion that the defendant committed indecent act by force against the defendant who is a prisoner in the same way, but did not do so, and even though the victim provided the cause of the accusation, it would rather lead to the crime of this case by filing a complaint with the intention that the person who was not the victim was making a false accusation.

The victim is trying to punish the defendant.

The accused has a lot of criminal convictions due to sex crimes, violent crimes, forged crimes, etc.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, and other various sentencing conditions as shown in the pleadings, it is not determined that the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, 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.