logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.04.06 2016노198
모해위증등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The circumstances are advantageous to the conclusion that the Defendant followed the previous false arguments in the criminal trial proceedings against the victims, thereby correcting his/her mistake, the victims did not punish the Defendant, and the Defendant did not have any particular criminal record except for those punished once by a fine.

On the other hand, the court below seems to have determined a punishment in consideration of such favorable circumstances, and there are no circumstances or changes in circumstances that may be newly considered in sentencing after the decision of the court below, and the crime of false accusation is an offense that interferes with the national criminal justice function and causes the risk of being subject to unfair punishment, and perjury is an offense that infringes on the national judicial function to find substantial truth, and is highly likely to undermine trust in the judicial order, and requires strict punishment. The victim F seems to have suffered considerable mental pain because of the Defendant’s crime of this case, a relatively long-term detention has been brought about.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s punishment is too too unreasonable, and thus, the Defendant’s allegation is without merit.

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.

arrow