beta
(영문) 의정부지방법원 2013.11.01 2013노1590

무고

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of 1.5 million won) is too unreasonable.

2. Although it appears that there is no criminal power of the defendant in the judgment, and some contributed to the occurrence of the crime in this case, the crime without accusation is a serious crime that impedes the state's criminal justice action, and causes the risk of illegal criminal punishment to the victim, and in particular, it is necessary to strictly punish the defendant. In full view of all other circumstances, including the fact that the defendant's age, character and conduct, family relation, environment, occupation, circumstances leading to the crime in this case, and circumstances after the crime, etc., the sentence of the court below is too unreasonable, and the defendant's above assertion is not reasonable.

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