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(영문) 수원지방법원 2015.11.27 2015노5240
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession and reflection, the agreement with the victim E, the elderly, etc.

However, the crime of this case was committed in a false manner despite the permission of the defendant to open the cell phone in the name of the defendant, and the crime of this case was committed in a false manner.

In addition, considering the fact that the Defendant had a number of criminal punishment, and the period of punishment imposed on February 6, 2014 due to the alteration, etc. of private documents, the Defendant committed the instant crime as well as various conditions of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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