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(영문) 창원지방법원 2017.12.14 2017노2881
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (3 million won) of the court below is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant’s mistake is recognized and against the Defendant; (b) the Defendant’sless matters are relatively minor; (c) the discovery of early truth through CCTV images; and (d) the outcome of the crime is minor; (b) even if there is no record of criminal punishment prior to the occurrence of the instant case, it is recognized that there is no record of criminal punishment; (c) the crime of false accusation is an offense impeding the State’s appropriate exercise of criminal justice power; (d) seriously infringing on the legal stability of the victim; and (e) the instant crime was committed against the victim who

In light of the series of procedures, methods, attitudes, etc., such as the dismissal, the nature of the crime is not good, the fact that there is no change of circumstances that may otherwise determine the age, sex, environment, family relationship, economic situation, circumstances leading to the crime, circumstances leading to the crime and motive of the defendant, and all other matters concerning the sentencing mentioned in the records and arguments of this case, the defendant's assertion is without merit, since the punishment of the court below is deemed appropriate.

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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