beta
(영문) 창원지방법원 2016.06.30 2016노282

무고

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended execution in six months of imprisonment, and one hundred and sixty hours of community service) is too unhued and unreasonable.

2. In light of the judgment, the crime of false accusation causes unnecessary waste of human resources of the criminal justice agency and leads to the exercise of the country's penal authority. In particular, under the situation where punishment for sexual crimes is strict, the crime of this case is likely to cause a great pain to the victim, and the victim’s desire to punish the defendant, which is disadvantageous to the punishment of the defendant.

However, it is a favorable reason for sentencing that the defendant has not led to serious harm that criminal punishment is imposed against the accused by making confession of all crimes from the police investigation stage, and that the accused is against the accused, and that there is no criminal history.

In full view of the circumstances leading to the above sentencing factors, Defendant’s age, sex, environment, circumstances after the crime, and all other matters pertaining to the sentencing indicated in the records and arguments of this case, the judgment below’s punishment is deemed appropriate, and the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.