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(영문) 서울서부지방법원 2021.02.09 2020노707
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, although the defendant was not at the time of the head of the bus engineer B, B was the defendant, the defendant was the defendant.

Since the defendant made a false statement, it cannot be said that the defendant reported a false fact.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of facts.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant's assertion of mistake of facts is without merit, since it is sufficiently recognized that the facts B were false as stated in the facts of crime in the judgment of the court below.

B. There is no change in circumstances that may change the sentence of the lower court’s unfair argument, and the crime of false accusation is not likely to actively infringe the State’s criminal justice function, and there is a need to strictly punish the person who is in danger of being subject to unfair criminal punishment, despite evident evidence, the fact that the crime is denied and not against the law, and all of the sentencing conditions, including the Defendant’s age, sex, environment, circumstances and consequence of the crime, etc., are considered, and it is not unreasonable for the lower court’s punishment to be too unreasonable.

The defendant's argument of sentencing is without merit.

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.

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