beta
(영문) 대구지방법원 2017.02.10 2016노4875

무고

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The Defendant recognized the instant crime and is in profoundly against the Defendant, and the instant crime did not result in the actual criminal punishment of the victim.

In addition, the defendant has no record of being punished for the same crime, and the crime of this case has become final and conclusive like all criminal facts stated in the judgment of the court below, and it is necessary to consider equity with the case of concurrent crimes after Article 37 of the Criminal Act.

However, the crime of false accusation is a serious crime that infringes upon the appropriate exercise of criminal justice power and the interest of an individual who is not unfairly punished, and it is necessary to strictly punish the crime. The defendant is not guilty of the crime of this case while being detained by fraud or special intimidation against a person who is under investigation.

In addition, even though the defendant seems to have suffered a considerable mental suffering due to the crime of this case, he was unable to be sentenced to imprisonment from the defendant without prison labor up to the trial of the case, and the defendant has a history of criminal punishment more than 10 times, including two times of punishment for the crime of this case.

In addition, there is no particular change in sentencing conditions compared with the original judgment because new sentencing data has not been submitted in the trial of the party.

In full view of other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

참조조문