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(영문) 제주지방법원 2015.08.27 2015노262
무고
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment, two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of false judgment is a serious criminal that interferes with the proper exercise of the state's penal authority and makes the accused be at risk of being subject to unfair criminal punishment. In particular, this case is highly criticized for the defendant to gain unjust profits. In addition, the defendant does not simply submit a written complaint and make a statement passive at an investigation agency, but the defendant in this case is constantly submitting reference materials or statements throughout the investigation agency to present his/her false statement, while the defendant in this case presents his/her false statement throughout the investigation agency, although it is evident that there is no suspicion against the person under investigation, it seems that there is a clear circumstance that there is no suspicion against the person under investigation, it is very poor in quality of the crime by changing his/her statement and maintaining a complaint against the person under investigation. The act of forging a document under the name of the customer and withdrawing his/her deposit without permission is more clear to the bank staff than any other misconduct, which can be a reason for dismissal, and it seems that he/she actually suffered considerable mental harm due to the defendant's considerable mental harm.

However, the fact that the defendant led to the trial after the prosecution of this case, and the fact that the defendant was led to the confession of the crime, and that the defendant was under investigation by an investigative agency, but the defendant was not subject to any disadvantage in criminal trial after being prosecuted.

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