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(영문) 대전지방법원 2015.10.06 2015노747
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not dismiss misunderstanding of facts as D and E. 2) The lower court’s sentencing (two months of imprisonment, two years of suspended execution, and eight hours of community service) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. The lower court rejected the Defendant’s assertion in detail, on the ground that the Defendant alleged the same purport as that of the grounds for appeal in this part of this part, and on the ground that the lower court stated in the judgment that “a judgment on the Defendant and the defense counsel’s assertion” was stated in detail

Examining the record comparison, the above judgment of the court below is justifiable.

3. Judgment on the assertion of unfair sentencing

A. Since the crime of false accusation has a dual character of protecting not only the appropriate exercise of the State’s trial function, criminal or disciplinary right, but also the individual’s interest in order to avoid an unjust punishment, reporting false facts for the purpose of having a criminal punishment imposed on another person need to be strictly punished for the defendant in light of the fact that the act of having another person report false facts for the purpose of having a criminal punishment is a serious violation of national and personal

B. Meanwhile, there are extenuating circumstances, such as that the Defendant did not have been sentenced to previous punishment and sentence, and that there was no injury that the Defendant was punished due to the instant crime, and that the Defendant committed a crime by causing conflicts with D or E in the process of replacing boiler and handling defects.

C. In light of the Defendant’s age, family relation, motive, circumstance, and consequence of the crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the crime, the sentence of the lower court is light.

It is unfair rather than unreasonable.

4. The appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the prosecutor's appeal is without merit.

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