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(영문) 대구지방법원 2013.11.22 2013노3057

무고등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (eight months of imprisonment) is excessively unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The fact that the defendant led to the confession of the crime and reflects on the defendant, and that the defendant deposited 3 million won for E is an advantageous sentencing factor.

B. The Defendant has eight-time criminal records (two times of imprisonment and four times of fines), and the Defendant has diverse criminal forms, such as actively forging documents and making E in order to invalidate international marriage between D and Cambodian women, and to receive marriage brokerage fees from D, which are not good, and the criminal nature of the crime was not good. The Defendant avoided liability by forging documents in the course of investigation; D, at the Defendant’s request, made a false statement that the document was forged; D, at the Defendant’s request, paid marriage intermediary expenses and paid damages due to the Defendant, thereby incurring significant mental damage. While the Defendant agreed with D at the lower court, it is an unfavorable factor that D has withdrawn the intention of agreement.

C. In light of the overall circumstances, such as the motive, means, and method of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.