logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.06.23 2016노172
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. The lower court appears to have determined the sentence, taking into account all the following circumstances, and there is no change in circumstances in the first instance.

In addition, in consideration of various sentencing conditions shown in the records and arguments, such as the background and means of the crime, the circumstances after the crime, the defendant's career, sexual conduct, environment, etc., the sentence of the court below cannot be deemed unfair because it is too unfeasible.

Considering the fact that the defendant committed the crime of this case again within the period of repeated crime, it is necessary to strictly punish him.

However, the Defendant had already served four months of imprisonment on the basis of the Promissory Notes, etc. of this case, as before the judgment of the court below, and had been detained for about three months due to the crime of this case, and had no record of health conditions.

It is necessary to consider equity in the case of sentencing simultaneously with the final judgment of the court below.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

arrow