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(영문) 울산지방법원 2015.07.03 2015노534
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In the judgment of the defendant when it comes to the trial, the fact that the defendant recognized the crime of this case without prejudice, that the defendant's act did not actually prosecute or criminal punishment, that the defendant was aged and was under medical treatment at the time of this case, and that the defendant and his family members did not repeat the crime of this case are favorable to the defendant.

However, the crime of false accusation is not only a violation of the State's criminal justice function actively, but also a crime that causes a person without prison labor to be subject to unfair criminal punishment. The crime of this case is a crime that causes a person without prison labor to be subject to criminal punishment. The crime of this case is a false accusation against D despite the fact that the defendant did not have been subject to assault from D, and the nature of such crime is grave. In particular, the defendant was sentenced to imprisonment with prison labor for the crime of interference, etc. at the Ulsan District Court on December 9, 201, and the crime of this case was committed on February 5, 2012 during the repeated period after the execution of the sentence was completed, and the defendant committed the crime against the same victim. The defendant seems to have been subject to considerable pain due to the crime of this case. In addition, the crime of this case appears to have been considered as a retaliation crime in the case of the crime of this case, until the defendant did not make considerable efforts to pay damages to the victim and the defendant did not reach an agreement with the victim.

The above-mentioned favorable circumstances and unfavorable circumstances, and other records and trial process, such as the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.

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