logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.04.25 2013노450
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the original judgment (1.5 million won of a fine) is too large;

2. The judgment of the court below is a reason for sentencing favorable to the defendant, such as the fact that the defendant committed the crime of this case at the time of committing the crime of this case, the victim does not want the punishment against the defendant, the fact that the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the judgment of the court below, which became final and conclusive, and the fact that the punishment should be determined at the same time in consideration of equity in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of this case. However, in that it is not easy for the court below to actively infringe the criminal justice function of the country, and it causes the other party who did not commit the crime to be subject to criminal punishment, and thus it is highly unnecessary to punish the defendant. Nevertheless, considering the sentencing favorable to the defendant, the court below has already been sentenced to a more reduced fine than the fine amount originally notified in the summary order (3 million won) in consideration of the sentencing favorable to the defendant, and there are no grounds for reversal.

3. Accordingly, 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 groundless. It is so decided as per Disposition.

arrow