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(영문) 부산지방법원 2017.06.15 2017노524
무고
Text

The defendant's appeal is dismissed.

Reasons

The court below's punishment (1,00,000 won) against the defendant as to the summary of the grounds for appeal is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case by the defendant, that the defendant reflects the mistake in depth, that the defendant is in an economically difficult position, and that he is not healthy due to urology, such as urology, etc.

However, the crime of this case is deemed to have caused damage to the proper judicial function of the State by filing a false complaint with C in the territory of the Republic of Korea even though the defendant left the site in the first place while the taxi operated by the defendant due to the occurrence of the vehicle and the traffic accident of C, and the defendant left the site, in light of the circumstances and contents of the crime, the responsibility for the crime is heavy, in light of the circumstances and contents of the crime, the defendant did not receive or agree from C in order to avoid the crime, in our criminal litigation law, which takes the trial-oriented principle and the principle of directness, there is no change in the conditions of sentencing compared to the first instance court, and in the case where the first instance sentencing does not go beyond the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances of the defendant recognized earlier do not constitute a change of circumstances that could change the sentence of the court below after the sentence of the court below, and there seems to be an unfair condition for the defendant's pleadings.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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