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(영문) 대구지방법원 2014.04.22 2013노2880
무고
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the necessity, etc., the punishment of the lower court against the Defendant (a fine of three million won) is too unhued and unreasonable.

B. In light of the fact that the Defendant is against the Defendant, that the Defendant agreed with G and F, etc., the sentence imposed by the lower court is too unreasonable.

2. We also examine the judgment and the defendant's assertion of unfair sentencing.

The Defendant filed a complaint with the intent to avoid the same business relationship with E, etc. and with the intent to avoid the debt and debt relationship with G and F with the intent to avoid the crime of this case by false contents, and the nature of the crime is not good. Despite objective evidence, the Defendant did not recognize the facts charged related to F to avoid the crime to the court of the original instance.

On the other hand, the fact that the defendant agreed with G, F, and that the defendant has no criminal power is favorable to the defendant.

In full view of the above circumstances, such as the character, conduct, environment, etc. of the defendant, since the punishment imposed by the court below against the defendant cannot be deemed to be too weak or unreasonable, each of the prosecutor and the defendant's arguments are without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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