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(영문) 서울고등법원 2020.09.03 2020노848
특정범죄가중처벌등에관한법률위반(무고)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

(F) The imprisonment (one year of imprisonment) imposed by the court below is too unreasonable.

Judgment

In the investigation stage of the case against the accused, the accused led to the confession of the crime of this case at the investigation stage of the case against the accused, did not reach the judgment, and the case was closed, and the accused appeared to be against himself while recognizing his mistake.

The respondent expressed his intention that he does not want to punish the defendant in the original trial, and even in the trial, the respondent submitted a written application for the appeal against the defendant.

Although the defendant has been punished for several crimes, he/she has no record of being punished for the same crime.

The spouse of the defendant is also supporting the child by living alone with poor health conditions, such as suffering from depression and depression.

Such circumstances are favorable to the defendant.

However, the crime of false accusation is a crime that causes serious pain and damage by impairing the functions of the criminal justice and putting the unnecessary social costs together, such as the proper investigation function and trial function of the state, causing enormous interference and confusion, while it is necessary to punish it strictly.

When the Defendant was excluded from disclosure of the fact that his company submitted false delivery records in the examination of qualifications for the business ordered by the National Police Agency, the Defendant prepared a written statement to the effect that he was given a bribe to the police officer, who was a police officer in charge of the above business practice, and submitted it to the investigation agency for the false report.

A statement was prepared by the defendant, specifically and specifically referring to the situation in which the defendant delivered a bribe, and later, while stating that the defendant delivered a bribe in the course of investigation, the defendant was punished for a false accusation if he makes a false statement (Evidence No. 1, No. 247, No. 292).

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