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(영문) 대구지방법원 2015.06.25 2014노3627
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, three years of suspended execution, and 480 hours of community service order) declared by the court below is too unhued and unreasonable.

2. The crime of this case is deemed to have been submitted by the Defendant in collusion with B to an investigative agency for the purpose of arresting a person under suspicion. In light of the fact that the Defendant led to the crime of this case, his criminal act is at a risk of being discovered to the person under suspicion, and that the crime of false accusation is a crime that harms the criminal justice function of the State and causes the person under suspicion to be subject to illegal punishment, and that it is highly likely to be subject to criticism, the necessity for strict punishment of the Defendant is recognized.

However, the defendant has not committed a second offense, reflecting the mistake of crime in depth.

The defendant has no record of criminal punishment for the same type of crime except that he/she has been punished twice a fine for a long time, and led to confession from the investigative agency.

There is also a circumstance in which detention is revoked because the defendant's health is not good.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below is too unfortunate.

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

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