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(영문) 의정부지방법원 2013.10.08 2013노1636

무고

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (7 million won of fine) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. The judgment of the court below is inadequate in light of the following circumstances: (a) the defendant committed a crime late at the time when the defendant was committing the crime; (b) the defendant revoked the complaint against C at the prosecutor's office; (c) the defendant's life in an unfash environment and suffered from the defendant; and (d) the defendant seems to have been subject to punishment twice for the same type of crime; and (c) the defendant has the past record of being punished twice for the same crime; (d) the defendant committed the crime of this case within the repeated period after serving imprisonment with prison labor due to obstruction of performance of official duties; (e) the defendant filed a false complaint against the victim for the purpose of avoiding liability for the use of violence against C; and (e) other various sentencing factors indicated in this case, such as the defendant's age, character, occupation and environment; (e) the circumstance and consequence of the crime; and (e) the circumstances after the crime, etc., the punishment of the court below is adequate or too unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.