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(영문) 서울중앙지방법원 2020.06.12 2020노477

무고

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant was actually engaged in indecent acts by compulsion from B and C on May 20, 2019, the Defendant’s accusation is not false.

Therefore, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as this part of the grounds for appeal, and the lower court rejected the Defendant’s assertion and determined that the Defendant had no choice but to B and C as in the facts charged, on the grounds as stated in its reasoning.

In light of the evidence duly adopted and investigated by the court below, the judgment of the court below is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts.

Therefore, the defendant's assertion of mistake cannot be accepted.

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, within the scope of the recommended sentencing guidelines, determined the minimum of the sentencing guidelines.

There is no particular change in sentencing conditions compared with the original judgment because new sentencing data has not been submitted in the trial.

In addition, even if considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions specified in the records and pleadings, it is difficult to deem that the sentencing of the lower court is too heavy beyond the reasonable discretion.

Therefore, Defendant’s assertion of unreasonable sentencing cannot be accepted.

3. Conclusion, the defendant.