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(영문) 광주지방법원 2016.09.01 2016노1170
무고등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (six months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of false accusation is a crime that interferes with the criminal justice function of the state and imposes a risk of being subject to unfair punishment, and the crime of forging documents is a crime that interferes with trust in trading and causes a huge property damage to a document title holder.

When C filed a lawsuit claiming a loan (No. 2014da54903, and approximately KRW 57 million) against the Defendant, the principal obligor, and the joint and several sureties, the principal obligor, and the Defendant’s joint and several sureties, the offense is not good.

It did not reach an agreement with C, who is the other party to the complaint, and C wishes to punish the defendant.

On the other hand, the following conditions are favorable.

When the defendant was in a trial, all of the crimes are recognized and reflected.

There is no record that the defendant was punished for the same crime.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and environment, etc., as well as various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is not deemed too weak or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

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

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