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(영문) 인천지방법원 2017.07.20 2016노4602
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (one million won penalty) imposed by the court below is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and is against the defendant, and that the defendant's crime of this case does not result in the result that B was subject to actual criminal punishment.

However, the crime of false accusation is an offense that undermines the national criminal justice function and causes a person in danger of being subject to unfair punishment, and is highly likely to be criticized, and the Defendant is still detained and is still serving a separate sentence, and it is difficult to detect the opening or seating light in that it is difficult to find out the situation of sentencing that may be particularly considered in the appellate trial, and there is no change in the sentencing conditions that may be considered in the appellate trial, and in full view of other circumstances that form the conditions of sentencing as indicated in the records and arguments of this case, such as the Defendant’s age, sexual behavior, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

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