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(영문) 대구지방법원 2019.05.30 2018노3421
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (2.5 million won of fine) on the gist of the grounds of appeal is too unreasonable.

2. The judgment defendant recognizes his mistake and reflects his wrong, and has no record of being subject to criminal punishment for the same kind of crime.

However, the crime of false accusation is not only a violation of the function of the state's criminal justice actively, but also a crime that causes a person without criminal punishment to be put in danger of unfair criminal punishment.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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