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(영문) 광주지방법원 2015.07.07 2014노2177
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

2. The judgment of the court below made a false complaint that the defendant had been raped by the victim in order to conceal her husband's improper relationship with the victim in the workplace. In full view of the following factors: (a) the nature of the crime is not good; (b) the defendant has actively gathered the victim by filing a complaint against the victim; (c) the defendant has suffered a big mental suffering due to sexual assault; (d) the defendant has not recovered from damage until now; and (e) there has been no favorable factors such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and (e) the scope of recommended sentencing guidelines (one year to one year) and the scope of recommended sentencing guidelines.

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

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