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(영문) 서울남부지방법원 2018.07.24 2017노1139
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence (3 million won in penalty) imposed by the lower court is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant made a confession and reflects all the crimes of this case, and that the defendant was not prosecuted or punished as the defendant's non-guilty act.

However, the crime of false accusation is not only a crime that interferes with the proper exercise of the state's judicial power or disciplinary power, but also a crime that leads to the suffering or risk of unfair criminal punishment or disciplinary punishment and requires strict punishment, which is disadvantageous to the defendant.

In full view of the above circumstances favorable or unfavorable to the defendant, and all other factors of sentencing as shown in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's argument of sentencing 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 decided as per Disposition.

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