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(영문) 서울서부지방법원 2018.03.22 2017노1768
무고
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal, the defendant asserts that the defendant is too unafford and unfair as to the punishment of the court below (ten months of imprisonment), and the prosecutor asserts that it is too unafford and unfair.

2. The circumstances favorable to the defendant are as follows: (a) the defendant made a confession before criminal punishment by a person without accusation; (b) there is no fact that the person without accusation was prosecuted; (c) the defendant deposited two times in the original court and the appellate court for the person without accusation; and (d) the fact that there is no record of the same kind of crime, etc.

The criminal justice function has been significantly disturbed, such as the arrest of a person who is in danger of philopon medication, and the police investigation and physical appraisal, and the physical and mental suffering suffered by a person who is exposed to the crime is presumed to be considerable. The circumstances alleged by the defendant are not consistent with the statement or objective circumstances of the person who is under suspicion and the details of the false report are not consistent with, and thus, the fact that the criminal intent is strong is disadvantageous to the defendant.

Considering the Defendant’s age, sexual conduct, environment, health, and the circumstances after the instant crime, etc., the lower court cannot be deemed unfair on the ground that the sentence imposed on the Defendant is heavy or unfilled within the scope of sentencing guidelines (one year or less).

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that all of the appeals filed by the Defendant and the prosecutor are without merit. It

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