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(영문) 대전지방법원 2016.07.14 2015노3526

무고

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal doctrine, the Defendant actually suffered an injury by assaulting E, and thus did not make a false accusation.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended sentence, and eight hours of community service order) is too unreasonable.

2. The Defendant, even in the lower court, made the same assertion, rejected the above assertion by misapprehending the legal principles on the mistake of facts and misapprehension of the legal doctrine.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of misunderstanding of facts or of misunderstanding of legal principles as pointed out by the defendant.

3. The fact that the defendant does not have the record of having been punished for the same crime or of having been sentenced to imprisonment with prison labor or heavier punishment for the same crime, and that the defendant's false accusation does not cause serious consequences, such as issuing a disposition of detention, prosecution, etc., to E, is favorable to the defendant.

However, in light of the fact that the crime of false accusation is committed in violation of the state's criminal justice function and the risk of illegal punishment, and that the defendant does not seem to be consistent and contradictory to the vindication, and that there is an unfavorable circumstance against the defendant, such as the defendant's age, sex, environment, motive, means and consequence of the crime and the circumstances after the crime, the sentence of the court below is too unreasonable.

4. 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.