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(영문) 대구지방법원 2016.02.04 2015노4879
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who misleads the Defendant of the fact, did not have inflicted an injury on the victims, even in the X sing practice place, even though he did not have any injury on the victim, even in the H singing practice place.

Therefore, since the facts of the instant complaint are true, the lower court found the Defendant guilty of the crime of false accusation among the facts charged of the instant case was erroneous.

B. The punishment of the lower court (the crime No. 1 and No. 2 in its holding: imprisonment with prison labor for 8 months, and the crime No. 3 in its holding: imprisonment with prison labor for 2 months) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the court below's judgment that found the defendant guilty of the above charges is just, and the defendant's assertion of mistake of facts is without merit.

B. The fact that the Defendant denies and does not oppose the facts charged; the crime without prejudice requires a strict punishment due to a crime that impedes the nation’s criminal justice function and causes an unqualified person to be subject to criminal punishment; the Defendant is highly likely to insult the capital reduction during the detention house; the Defendant committed each of the crimes of this case during the period of repeated crime; and the Defendant’s age, sexual conduct, environment, motive or circumstance of the crime, means and consequence of the crime; and the sentencing materials indicated in the records, such as the circumstances after the crime, are considered as inappropriate.

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

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