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(영문) 대구지방법원 2018.12.05 2018노3820
무고등
Text

Of the guilty parts of the judgment of the court below, the part concerning the crime No. 1 and No. 2 shall be reversed.

The crime Nos. 1 and 2 of the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. Each punishment sentenced by the lower court (the crime No. 1 and No. 2 in its holding: imprisonment with prison labor for one year, and the crime No. 3 in its holding: imprisonment with prison labor for two months) is too unreasonable.

B. Each of the above types sentenced by the court below by the prosecutor is too unhued and unfair.

2. The crime of false judgment is a serious crime that interferes with the appropriate exercise of the national criminal justice or disciplinary authority, and is in danger of being subject to criminal punishment or disciplinary action, and there is a need for strict punishment. The defendant has several records of punishment, among which the defendant has been punished several times, has the records of having been sentenced to imprisonment with prison labor due to the crime of false accusation and attack, and the defendant committed the crime of larceny of the instant nighttime structure at the same time without being familiar with the suspended execution period due to the crime of bodily injury, and even if there is no agreement with the victim, etc., it is disadvantageous to the defendant.

On the other hand, the following are the circumstances favorable to the Defendant: (a) the Defendant led the Defendant to commit the crime of false accusation and attempted attempted crimes, thereby recognizing all of the instant crimes; (b) the Defendant committed the crime of false accusation and attempted crimes; (c) the Defendant did not reach the stage of prosecution; (d) the commission of the crime of false accusation and attempted crimes; and (e) the degree of participation in the crime of false accusation and attempted crimes of false accusation and attempted crimes is deemed to be relatively simple compared to the accomplice C; (d) the victim was returned; (e) the crime of injury for which the judgment became final and conclusive; and (e) the punishment should be determined by taking into account equity with the case where the Defendant rendered a judgment at the same time

In addition, considering the degree of punishment of accomplices in related cases, the age of the defendant, sexual conduct, environment, motive and circumstance of the crime, and all of the sentencing conditions shown in the records and theories of the crime in this case, the punishment sentenced for the crime Nos. 1 and 2 in the judgment of the court below is too unreasonable, while the punishment sentenced for the crime No. 3 in the judgment of the court below is too heavy or unbrupted and it does not seem unfair.

Therefore, it is true.

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