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(영문) 부산지방법원 2017.05.02 2017노759
무고
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (hereinafter referred to as 3,00,000 won) against the defendant on the summary of the grounds for appeal is too unreasonable.

Judgment

In this case, the defendant, who led to the confession of the crime of this case, reflects his depth of the mistake, agreed with D and D to avoid the crime, and the defendant is the first offender who has not been subject to criminal punishment so far, and the circumstances favorable to the defendant are recognized.

However, although the crime of this case was committed by the police officer in spite of the fact that the defendant was sexually sexual assault or assaultd by D from her former male job offers D, D punished and reported falsely to the police officer, thereby damaging the State's proper judicial function. In light of the circumstances and contents of the crime, there is a very heavy punishment in light of the crime. In particular, in the case of the crime without sexual intercourse, the victim's statement is a critical evidence of conviction, and today's social awareness of sexual crime and its punishment are more strict, it is highly likely to cause serious damage to the victim. The Korean Criminal Procedure Act, which takes the principle of trial-oriented and direct trial-oriented trials, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not go beyond the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3265, Jul. 23, 2015; Supreme Court Decision 200Do365, Feb. 26, 2015).

In conclusion, this conclusion is followed.

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