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(영문) 서울북부지방법원 2014.10.17 2014노1001

무고

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 120 hours of community service) declared by the court below is too uneasy and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, inasmuch as the Defendant was accused of an indecent act, etc. committed by F against F, and thus, the nature of the crime was bad, the F did not reach an agreement with F, and the crime of false accusation is likely to seriously undermine the national legal interest, which is an appropriate exercise of the State’s trial function, and seriously threaten the legal stability in order to avoid the crime.

However, in full view of the following circumstances: (a) the Defendant made a confession of the instant crime while committing the instant crime; (b) the F deposited KRW 2 million to the F; and (c) the F filed a complaint against the Defendant by sexual indecent act, the case was closed as a non-prosecution disposition due to lack of evidence; (b) the Defendant has no record of being punished for the same offense; and (c) other circumstances that form the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive or circumstance of the instant crime, means and consequence; and (d) the circumstances after the commission of the crime

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.