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(영문) 청주지방법원 2015.07.03 2015노123
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (three million won of fine) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. From the second police statements, the Defendant seems to have recognized the instant crime and to reflect his mistake.

In addition, the Defendant, upon the request of a deceased person, lost his credit card to an investigative agency on the ground that he did not pay the card discount amount, but did not pay it. In addition, the Defendant committed the instant crime in order to recover the price by denying a part of the card discount amount. In addition, even though the Defendant committed the instant crime, the Defendant was not subject to criminal punishment due to the instant crime, and the Defendant only has the penal power of fines for other crimes without the same criminal record before the instant crime, and the health conditions are not good due to the bad faith of the Defendant. However, the instant crime was committed in favor of the Defendant. However, the Defendant lost the credit card to the investigation agency on the ground that the Defendant did not pay the card discount amount while denying the fact that the person was carded, and the Defendant reported the false fact as if he was arbitrarily used by him, and the Defendant could have been able to have serious harm and injury to the person under whose criminal justice action was committed, and thus, it appears that the Defendant’s motive and character were too favorable to the Defendant, and the Defendant’s motive and character were too unfair.

The defendant's ground of appeal cannot be accepted.

3. Thus, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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