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(영문) 창원지방법원 2017.12.13 2017노3002
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence by taking into account the following factors: (a) the offense of false accusation is serious: (b) the Defendant has no criminal record exceeding the same criminal record and fine; and (c) the Defendant’s age, environment, motive, means and consequence of the offense; and (d) the sentencing conditions,

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The sentencing conditions mentioned above have been significantly changed in the trial.

There is no reason to see the above sentencing, and when considering the above sentencing as a whole, it cannot be deemed that the lower court’s punishment is too unjustifiable.

Therefore, 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 as it is without merit. It is so decided as per Disposition.

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