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(영문) 수원지방법원 2018.11.06 2016노7699
경범죄처벌법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The misunderstanding of facts G reversed the statement to the investigation agency without any special reason. The testimony of G is difficult to believe that the testimony of the court below is the same, and the defendant at the time reported to the police without confirming the reason that G’s husband, K, and L was transferred to G. The defendant recognized that the reported contents are false.

It is reasonable to view it.

B. The sentence of the lower court that is unfair in sentencing (the amount of KRW 500,000) is too unhued and unreasonable.

2. Determination

A. According to the record of fact-misunderstanding, the court below, on the grounds as stated in its reasoning, committed a false report or committed a false criminal intent against the defendant.

It is difficult to see

The decision is justified.

B. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared to the first instance court in comparison with the unfair sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is reasonable to reverse the first instance court’s judgment solely on the ground that the difference between the appellate court’s opinion and the lower court’s opinion is somewhat different (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is desirable to refrain from rendering a sentence that does not differ from the first instance court’s judgment on the grounds that new sentencing data have not been submitted in the trial, and there is no change in the conditions of sentencing compared with the lower court’s judgment, and in full view of all the reasons for sentencing as expressed by the lower court,

shall not be deemed to exist.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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