logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.08.29 2019노1872
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (two months of imprisonment) is too unhued and unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant, who was the complainant of the case, to be exempted from criminal liability of embezzlement, and the nature of the crime is considerably poor in light of the process, contents, etc. of the crime. The crime of this case is deemed to have been committed to impair the criminal justice function of the State and to have the risk of being subject to unfair criminal punishment, etc., and the crime is deemed to have already been considered in the sentencing of the lower court.

In addition, in full view of the following circumstances: (a) the Defendant recognized a part of the facts of the instant crime; (b) the Defendant, who is seeking to disclose the substantial truth, did not reach the result of criminal punishment; (c) the instant crime and the judgment became final and conclusive at the same time in consideration of equity in the case of embezzlement; (d) the Defendant need to determine punishment in consideration of equity in the case of embezzlement; and (e) the Defendant has no criminal records of the same kind; and (e) the Defendant’s age, character and behavior, environment, motive and background of the instant crime, means and consequence of the instant crime; and (e) other various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime, etc., it is not recognized that the lower court’s

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow