beta
(영문) 서울북부지방법원 2014.04.11 2014노14

무고

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The contents of the instant complaint of mistake of facts are all true.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below and the following circumstances that can be recognized by mistake of facts: ① from the investigative agency to the court of the court below, Defendant C consistently stated that it did not assault the Defendant as stated in the complaint of this case; ② from the investigative agency to the court of the court of the court below, F and G at the time of the instant investigation agency to the court of the court below consistently stated that C did not commit an act of assaulting the Defendant; ③ On CCTV images whose site was recorded at the time of the instant case, C talked with the Defendant as a matter of a garbage bag which did not have been collected by volume above C’s husband, and C talked with the Defendant as a matter of a garbage bag which was not collected by volume above C’s husband; and, on the other hand, C talked about the part back to the Defendant, and returned to the Defendant again was recorded, and it was not sufficient to acknowledge this part of the charges of this case.

B. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive or circumstance of the offense, means and consequence, etc., which infringe on the national legal interest, which is a proper exercise of the State’s trial function, and thus requires strict punishment. The Defendant denies and does not reflect the facts charged up to the trial. The Defendant has the history of having been punished twice as a crime of false accusation, and the Defendant has the history of having been punished twice as a suspended sentence. In full view of the aforementioned circumstances, the lower court’s sentence is too excessive.