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(영문) 광주지방법원 2015.07.09 2014노2905
무고
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (a fine of five million won) is too unreasonable.

Judgment

It is a favorable sentencing factor, such as the fact that the defendant has recognized his mistake, that the defendant has agreed smoothly with the person under no fault, and that there is no purpose of punishing him to be punished in the motive of the crime in this case.

However, the crime of false accusation is an offense that undermines the judicial function of the State and is likely to pose a risk of illegal criminal punishment, and thus requires strict punishment. The court below seems to have determined punishment by fully taking into account the circumstances favorable to the defendant (in particular, mitigation of confessions), and considering various sentencing materials in pleadings, such as the background of the crime in this case, circumstances after the crime, the defendant's age, character and conduct, environment, etc., the court below's punishment is too unreasonable. Thus, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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