logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.11.01 2017노89
무고
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is a defect in the 112 report that C and D deemed the Defendant’s body to be known, the defendant’sless act is not very good to have the reporting person committed for the purpose of having the reporting person subject to criminal punishment. The crime of false accusation is a crime that infringes the State’s criminal justice function and makes the person under the risk of being subject to unfair criminal punishment, and thus requires strict punishment. The defendant has several records of punishment due to drug crimes, etc., and in particular, commits the crime of this case during the repeated crime period.

However, it is more favorable that the defendant has led to a crime in the court below, that the defendant wants to leave the defendant's wife up to the trial of the court, that there is no criminal record of the same kind, that there is a violation of the Act on the Control of Narcotics, etc., for which judgment has become final and conclusive, and that the equality should be considered in the case of a trial concurrently with the crime

When considering various sentencing conditions as seen in the records and arguments of the instant case, including the above normal relationship, such as the Defendant’s age, sex, environment, motive and means of the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment (the amount of KRW 3 million) is too heavy or unbrupted within the reasonable scope of discretion, and thus, cannot be deemed unfair.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow