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(영문) 수원지방법원 2016.05.10 2015노4004 (1)
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment and two years of suspended execution) is too unfased and unreasonable.

2. The crime of false accusation is an element of sentencing unfavorable to the defendant, not only impeding the proper exercise of the state’s penal authority, but also causing a person under no command to suffer from the danger of wrong criminal punishment and suffering therefrom.

However, in light of various sentencing conditions, such as the Defendant’s age, sex, environment, motive for committing an offense, and circumstances after committing an offense, such as the fact that the Defendant has no history of having received criminal punishment, the Defendant expressed his/her intent not to have the Defendant punished at the lower court, and the Defendant reflects his/her recognition of the instant offense, etc., the punishment imposed by the lower court cannot be deemed unfair on the ground that the sentence imposed by the lower court is too unfeasible.

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

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