beta
(영문) 인천지방법원 2016.10.19 2016노3092

무고등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is a favorable situation where the defendant recognized his mistake when he was in the trial, and the court below agreed with the victim's main social service Korea Co., Ltd. and the social service Korea Co., Ltd., and the halogal wave Co., Ltd., which occurred in the trial, and led to agreement with the victim F, and the confession of the fact of accusation before the judgment of the case became final and conclusive, and the crime of this case is in the concurrent crime between the final and conclusive judgment and the latter part of Article 37 of the Criminal Act at the time of the original judgment, and the equality with the case should be considered simultaneously.

However, in light of the contents and circumstances of the crime of this case, the crime of this case is not less severe than the nature of the crime, and the amount of damage is considerable, and in full view of all the sentencing conditions in the records and arguments of this case, such as the age, character, conduct, occupation and environment of the defendant, motive and circumstance leading to the crime of this case, and the circumstances after the crime, etc., even if the above circumstances favorable to the defendant are considered, the sentence of the court below

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 since it is without merit. It is so decided as per Disposition.