logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.01.22 2020노406
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any intention of misunderstanding the facts and misunderstanding the legal principles, and even if the Defendant’s act constitutes the elements of the crime of false accusation, the Defendant’s act is dismissed as an act that does not contravene the socially accepted rules.

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

2. Determination:

A. The court below rejected the above assertion by misunderstanding of facts and misunderstanding of legal principles, and the court below stated in detail the arguments in this part of the judgment and the judgment on them. In light of records compared to the evidence legitimately adopted and examined, the judgment of the court below is just, and the defendant's false accusation cannot be viewed as a legitimate act which does not violate social rules and thus, the illegality is not justified. Thus, the above argument by the defendant is without merit.

B. There are no new circumstances or special changes in circumstances that could reflect in the sentencing after the sentence of the lower judgment was rendered, and furthermore, if the lower court comprehensively takes into account the circumstances and various conditions of sentencing indicated in the reasoning of the sentencing as well as the records, the lower court’s sentence was excessively unreasonable and exceeded the reasonable scope of discretion.

Therefore, the defendant's above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow