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(영문) 부산지방법원 2015.08.06 2015노402
무고
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. On June 26, 2012, there is no record of criminal punishment following the Defendant’s entry into the Republic of Korea on the grounds of appeal; the Defendant led to the confession of the instant crime by an investigative agency to be exempted from criminal punishment; and some of the circumstances that may be considered in light of the circumstances leading to the instant crime are favorable to the Defendant.

However, the crime of false accusation is a crime that harms the criminal justice function and causes a person to be in danger of being subject to unfair punishment. The crime of this case is deemed to have been committed by the defendant from K, etc., and the crime of this case is committed by the defendant and thus, the defendant is forced to be detained during the illegal stay after the expiration of the period of sojourn. The nature of the crime is not easy, and other various circumstances, such as the motive, background, means and result of the crime of this case, and the result of the application of the sentencing guidelines of the Sentencing Commission, which are the conditions for sentencing as shown in the records and arguments of this case, such as the records and the circumstances after the crime, and the result of the application of the sentencing guidelines of the Sentencing Commission

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

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