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(영문) 서울북부지방법원 2015.04.02 2015노141
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. The crime of false accusation committed by the Defendant is likely to increase the unnecessary duty burden of an investigative agency and distort the criminal justice procedure. In particular, the Defendant committed a crime different from each of the crimes of this case, but there was a history of having been sentenced to suspended sentence of imprisonment or a fine due to multiple crimes. In particular, in 2011, the Defendant committed each of the crimes of this case, including false accusation, even though he was punished by a fine due to a crime of perjury, and the Defendant committed the crimes of this case including false accusation until the sentence of the lower judgment is rendered. The Defendant committed the crime of false accusation of this case. The Defendant was investigated as the crime of fabrication of private documents of this case, but the Defendant was given testimony by the Defendant in a civil procedure instituted against L, and thus, there was a great degree of punishment against the Defendant under Article 15 of the Criminal Act, and each of the crimes of this case, including false accusation, should be mitigated to the lower court. The Defendant appears to have been exempted from punishment under Article 35 of the Criminal Act.

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