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(영문) 인천지방법원 2017.01.25 2016노4514

무고등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. Although there are circumstances that can be considered in light of the circumstances, such as the fact that the Defendant was aware of his mistake when he was in the trial, and that there was no enemy who was punished for the same kind of crime, the Defendant committed the instant crime without being aware of it even during the repeated crime period, and that he did not make any effort to recover damage therefrom, taking into account all the sentencing conditions of the instant case, including the Defendant’s age, sexual conduct, occupation and environment, motive and background of the crime, and circumstances after the crime, etc., even if considering the favorable circumstances of the Defendant as seen earlier, the lower court’s punishment is too unreasonable.

Therefore, we cannot accept the defendant's above assertion.

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.