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(영문) 의정부지방법원 2016.04.26 2016노104
무고등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a fine of 1.5 million won, Defendant B: 500,000 won) is too unreasonable.

2. Determination

A. It is recognized that the Defendants led to the confession and reflect of the instant crime, the Defendants did not have the same criminal records, the health status of Defendant A is not good, the injured party under the agreement with the victim does not want the punishment of the Defendants, and the suspicion of Defendant A’s in the investigation stage is recognized, and it did not lead to the prosecution of Defendant A for E.

B. However, in full view of the circumstances that are favorable to the above Defendants, the court below’s punishment is too unfair even if considering favorable circumstances, such as the Defendants’ age, circumstances leading up to the crime and circumstances after the sentence of the court below, and the sentencing conditions specified in the pleadings of this case, such as the following: (a) the Defendants violated the entrance door and locking system on the gate and locking system; and (b) the complainant who resisted the above order was under investigation; (c) the nature of the crime is bad in light of the circumstances and methods of the crime; (d) the crime of false accusation is likely to interfere with the State’s criminal justice or disciplinary rights; and (e) the crime of false accusation is likely to be subject to criminal punishment or disciplinary measures; and (e) there is no special change in circumstances after the sentence of the court below was issued; and (e) there is no other reason to change the

Therefore, the above assertion by the Defendants is without merit.

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

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