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(영문) 창원지방법원 2017.08.10 2017노284
무고등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. The Defendant was 14 times or more of a crime related to violence, and the Defendant committed each of the crimes of this case during the repeated crime period, and the crime of false accusation is likely to be subject to criticism because it has a high possibility of undermining the nation’s criminal justice function and causing high risk of being subject to unfair punishment. Therefore, it is necessary to strictly punish the Defendant, the Defendant did not agree with the victim, and the Defendant had a large number of past convictions against the Defendant.

However, the fact that the defendant recognized all of the crimes, and the defendant reported the disturbance to the victim of the victim, and the police dispatched the disturbance immediately after the victim reported the crime, so that the police was significantly hindered in business.

In full view of the fact that it is difficult to see the Defendant’s confession at an investigative agency, and the fact that the Defendant was not subject to criminal prosecution, and other circumstances that form the conditions for sentencing as shown in the records and pleadings of this case, such as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, etc., it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

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

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