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(영문) 부산지방법원 2015.11.13 2015노2653

무고

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor for a year, two years of probation, and community service) is too unhued.

2. The crime of this case is found to be of the following circumstances: (a) even though the defendant was aware that he/she had sexual intercourse with his/her minor father C and his/her male sex D with the aim of having D punish D with the intent of having D subject to criminal punishment; (b) in light of the content of the complaint, the circumstance of the complaint, etc., the issue is not less complicated; (c) the defendant suffered mental pain from D and his/her father; (d) there seems to be a major economic reason in terms of the motive for committing the crime of this case; (c) there seems to be a significant economic reason in terms of the motive for committing the crime of this case; (d) the crime of false accusation is a crime that undermines the investigation and the pursuit of fairness and truth of trial; and (e) there is a heavy penalty for the crime of this case, and in particular,

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the Defendant’s mistake in depth; (b) the Defendant’s accusation did not result in the Defendant’s prosecution and criminal punishment; (c) the Defendant did not have any particular criminal record in addition to the punishment of a fine due to drinking driving; (d) the Defendant was detained for a given period of time; and (e) the Defendant’s sufficient time to reflect on the risk of repeating the instant crime does not seem to have high; and (e) other circumstances, such as the Defendant’s environment, family relationship, the background leading to the instant crime, and the circumstances before and after the instant crime, which are conditions for sentencing indicated in the record, are considered as inappropriate.

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