logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.10.18 2017노1548
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The crime of this case is not likely to be committed by submitting a written complaint to the police station as if the defendant was guilty of the crime of this case and paid a criminal agreement to one of the persons who were not the victim, but as if he had acquired money from the person who was not the victim or got the victim, the crime of this case is not likely to be committed.

It is difficult to exercise the national criminal justice power properly, and it is necessary to punish the offender strictly because it interferes with the interests of an individual not being punished unfairly.

However, considering various sentencing conditions in the records and arguments of this case including the Defendant’s age, sexual conduct, environment, motive and means of the crime, circumstances after the crime, etc., the lower court’s punishment (a punishment of KRW 5 million) is deemed reasonable within the reasonable scope of discretion, in view of the following: (i) the Defendant has recognized all of the crimes; (ii) the relevant civil and criminal litigation has already become final and conclusive at the time of the crime; (iii) the Defendant had no record of criminal punishment since 2012; and (iv) the relationship between the Defendant and the person under no accusation; and (iv) the background leading to the instant crime.

The prosecutor's assertion is without merit.

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

arrow