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(영문) 대전지방법원 2016.09.29 2016노1488

무고

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (two years of suspended sentence in October) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible and unreasonable.

2. The judgment of the court below is a confession of the crime of this case, the defendant made a person who is without fault and deposited KRW 2 million, and the defendant has no record of criminal punishment, etc. However, considering the defendant's age, sex, occupation, environment, motive, means and result of the crime of this case, and the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, occupation, environment, motive, means and result of the crime of this case, the circumstances before and after the crime of this case, etc., the punishment of the court below against the defendant cannot be deemed to be unfair because it is too excessive or too unreasonable. Thus, the argument that the defendant and the prosecutor's punishment of the crime of this case is unfair is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition by the court below (Provided, That the omission of "1. legal mitigation: Articles 157, 153, and 55(1)3 (Confession) of the Criminal Act" in the application of the law of the court below is obvious that it is an error entry. Thus, the application column of the law of the court below is added between the second and third acts, and it is corrected ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure.