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(영문) 대구지방법원 2017.07.14 2016노4329
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of false judgment is an offense that undermines the nation’s criminal justice function and is likely to be subject to criticism because it is likely to be subject to unfair punishment, and thus, there is a need to strictize it. The Defendant did not agree with the victim. On November 14, 2014, the Defendant was sentenced to two years of suspension of execution on June by obstructing the performance of official duties at the Daegu District Court, which was sentenced to two years of suspension of execution on November 22, 2014, and committed the instant crime without being informed of the fact that the judgment became final and conclusive on November 22, 2014, and was still under suspension of execution.

However, it is more favorable that the Defendant led to the confession of the instant crime and reflects his mistake in the process of investigation, the discovery of the Defendant’s non-guilty fact at the investigation stage, and the Defendant did not have a criminal prosecution, the Defendant appears to have committed the instant crime by drinking and contingently, and the Defendant has no record of the same kind of crime.

In addition to the above circumstances, considering the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., and all of the sentencing conditions indicated in the instant case records and arguments, such as the circumstances after the commission of the crime, the sentence imposed by the lower court does not seem to be unfair and unfair.

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

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