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(영문) 대법원 2016.12.15 2016도16450
무고
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Even if examining the reasoning of the lower judgment based on evidence, the lower court did not exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, and did not err by misapprehending the legal doctrine as to the intention of the crime of false accusation or by misapprehending the rules of logic and experience.

In addition, the argument that the judgment of the court below violates Article 81-7 (2) of the Court Organization Act concerning sentencing guidelines and is erroneous in deviating from the scope of sentencing discretion is ultimately an allegation of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a minor sentence has been imposed against the defendant, the argument that the amount of punishment is unreasonable is not

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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