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(영문) 수원지방법원 2018.04.13 2017노8664
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. The Defendant made a confession and reflect on all of the instant crimes, and the Defendant was not prosecuted or punished as the Defendant’s non-guilty act.

Although the defendant reported the damage, it is impossible to grasp the location of the vehicle that he/she used due to the person without fault, and there seems to be a circumstance to consider the circumstances of the crime.

There is no criminal conviction, and there is also a reason to consider that the punishment should be determined in consideration of equity in the case where the judgment was rendered concurrently with the crime of the original judgment.

However, the court below seems to have taken a fine in consideration of all the above circumstances favorable to the defendant.

In the instant case where there is no change in the lower court’s judgment and the sentencing conditions, comprehensively taking account of the following circumstances: (a) the Defendant’sless dismissal of the police administration manpower was wasted; and (b) the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime; and (c) the lower court’s punishment cannot be deemed unfairly excessive beyond the reasonable scope of discretion.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench (see, e.g., Supreme Court Decision 200Da156666, Apr. 1, 200).

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