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(영문) 수원지방법원 2017.03.30 2017노136
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized all of the crimes of this case and reflected, and that the defendant, in particular, led to the confession of the crimes, is favorable to the defendant.

However, the crime without accusation is committed with a focus on hindering the appropriate exercise of the criminal justice power. In full view of all the sentencing conditions, the sentencing of the court below is too unfair, in light of the following: (a) each crime of this case is committed by making the victim free of charge to obtain money from the injured party; (b) ultimately, receiving money from the injured party; (c) the nature of the crime is not very good; (d) the injured party has not recovered or agreed with the injured party; (e) the accused has many criminal records including the fact that the accused has been punished for larceny, etc. on several occasions; and (e) the Defendant’s character, character, environment, family relationship, etc.

3. In conclusion, 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.

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