무고
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal appealed from the lower court’s punishment (two years of suspended sentence in the month of imprisonment with prison labor) so far as it is unreasonable, and the prosecutor appealed from the lower court’s punishment too unfasible and unfair.
2. The fact that the accused has no domestic criminal history, that the accused does not want to punish the accused, that the accused recognizes most of his/her mistakes, and that he/she is against the accused, is favorable to the accused.
On the other hand, the fact that the defendant disturbs the criminal justice function of the state, and that the defendant is in danger of being punished more severe than the criminal suspect of rape is disadvantageous to the defendant.
In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion are rejected.
3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.