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(영문) 서울남부지방법원 2013.05.24 2013노236
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) imposed by the court below is too unreasonable;

(2) The court below's decision on March 13, 201 is justified in light of the following: (a) although the defendant issued a promissory note to the victim on March 13, 2013 after the expiration of the period for filing the appeal, the defendant shall not be deemed to have committed the crime of this case; (b) the defendant did not deny the charge up to the trial; and (c) the court below sentenced the reduction of the fine amount issued by the summary order to reduce the amount of the penalty; and (d) there are no changes in circumstances that can be reflected in the sentencing thereafter; and (e) other circumstances that form the conditions for sentencing prescribed in Article 51 of the Criminal Act in the records and arguments of this case, such as the circumstances, means and methods of the crime of this case, the circumstances after the crime, and the age and happiness environment of the defendant, etc., and thus, the punishment of this case shall not be deemed to be unfair in full view of all the circumstances that form the conditions for sentencing prescribed in Article 51 of the Criminal Act as stated in the records and arguments.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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