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(영문) 대구지방법원 2018.11.15 2018노2089

무고

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (five million won in penalty amount) is deemed to be too unhued and unfair.

2. The crime of false judgment is heavy in that it actively infringes on the nation's criminal justice function and imposes the risk of receiving unfair criminal punishment against others.

However, the defendant is seriously against his own wrong and deposited KRW 10 million for the defendant's non-suspected person.

In full view of the following circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, etc., and the fact that there is no special circumstance or circumstance to change the sentencing of the lower court after the lower judgment, the lower court’s sentencing is not unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.