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(영문) 대구지방법원 2018.11.23 2018노3412
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The offense of false judgment is an offense that harms the nation’s criminal justice function and causes a person who is in danger of being subject to unfair punishment, and thus, requires strict punishment.

The criminal defendant has a variety of records of criminal punishment.

This is disadvantageous to the defendant.

In accordance with the defendant's accusation, a person who was without prosecution was not prosecuted.

The Defendant recognized all of the crimes of this case and reflects them.

This is the circumstances favorable to the defendant.

In addition, considering the fact that there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the original judgment, considering the following factors, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, the punishment imposed by the lower court is too unreasonable, even if all of the sentencing conditions stated in the records and theories on the changes, such as the records of the case, and the circumstances after the crime, do not seem to be unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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