beta
(영문) 광주지방법원 2019.04.30 2019노527

무고

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. The fact that the Defendant recognized the instant crime, and the fact that the judgment of April 13, 2018 should be taken into account at the same time with the crime of violation of the Act on the Control of Narcotics, etc. (e.g., the crime of violation of the Act on the Control of Narcotics, etc.) among the previous convictions

On the other hand, the crime of false accusation is committed not only undermining the proper exercise of the State’s penal authority, but also undermining the risk that a person who received false accusation would be subject to criminal punishment, which requires strict punishment. The Defendant committed the instant crime during the period of repeated crime, and the Defendant committed the same criminal offense as the Defendant committed the crime of false accusation.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of various sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.