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(영문) 수원지방법원 2017.08.24 2017노4281
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. The following facts are considered: (a) the Defendant recognized the instant crime and reflects; (b) the confession during the investigation of a person who was under suspicion and did not have been punished for the same offense; and (c) equity with the case of judgment, together with the crime of violation of the Punishment of Violences, etc. Act (joint conflict) where the Defendant’s punishment became final and conclusive; and (d) the fact that there was no record of criminal punishment other than the above criminal record, etc.

However, the crime of false accusation, such as the crime of this case, is likely to impede the appropriate exercise of criminal jurisdiction by the state, and is in need of strict punishment by seriously impairing the legal stability of the person under no criminal jurisdiction. In particular, the defendant was damaged by a person under no criminal investigation by finding an investigative agency directly without any particular reason from the victim who is the person under no criminal jurisdiction.

In light of the method and circumstances of the crime, in full view of the fact that the crime was reported and the nature of the crime was poor, that there was no letter or agreement with the victim, that there was a record of being subject to juvenile protective disposition several times due to a special theft, etc., and other various sentencing conditions such as the defendant's age, sex, environment, family relationship, motive for the crime, etc., the court below's punishment cannot be deemed to be unfair because it is too unreasonable. Thus, the defendant's argument 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.

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