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(영문) 의정부지방법원 2017.08.17 2017노1131
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and four months of imprisonment) is too unreasonable.

2. It is recognized that the accused does not want the punishment of the defendant in the original trial.

However, there is a need for strict punishment for the crime of false accusation as a serious crime that not only actively infringes on the nation's criminal justice function, but also causes a person without criminal punishment to be subject to unfair criminal punishment.

The Defendant is very bad in light of the motive and circumstances of the crime, such as: (a) the Defendant committed a crime with excessive and active falsity in order to obtain convenience in prison life, such as transfer of money, (b) the number of persons under consideration, and (c) the number of persons under consideration of the convenience in prison life, and (d) the convenience in prison life is not provided; and (b) the Defendant would not provide such convenience in prison life; and (c) the Defendant would have to attract time by mixing with the investigation.

Due to the instant crime, many people suffered from mental suffering by being investigated by the investigative agency, and the country's criminal justice function was also seriously wasted.

Nevertheless, it is difficult for the Defendant to repeatedly assert that the contents of accusation are true in the course of investigation by an investigative agency and have no choice but to understand that there is an motive to commit an offense even after the confession of the accusation at the prosecution’s investigation stage.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the arguments in this case, and the scope of the recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee (referring to 6 months to 2 years from imprisonment), etc., the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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. It is so ordered.

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