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(영문) 부산지방법원 2017.01.12 2016노3230
무고
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the punishment of a fine of three million won imposed by the court below on the summary of the grounds for appeal, the defendant asserts that the defendant is too unreasonable, and the prosecutor asserts that it is too unfasible and unfair.

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

Considering the fact that the crime of false accusation is a crime that interferes with the proper exercise of the State's penal authority and imposes a risk of being subject to unfair criminal punishment, and its harm is very serious, that the defendant repeats criminal complaints against the related persons, such as the head of the Tong, etc. at the time of the so-called "G" including the victim C, with respect to the issue of the payment of typhoon damage compensation from around 1989 to 1991, and that the defendant committed the crime of this case during the period of the suspension of the execution of imprisonment, even though he was sentenced to the suspension of the execution of imprisonment due to the crime of robbery in 2015, it is difficult to deny that it is necessary to sentence more severe punishment to the defendant.

However, the Defendant took the attitude of recognizing and opposing the Defendant’s mistake, and the criminal punishment, such as prosecution, was not imposed against the person who was innocent due to the instantless crime, and the Defendant did not use any other prison method than stating false facts, and the contents of the complaint depend only on the Defendant’s unilateral statement, and thus, it is not in the nature that the establishment of the crime is not limited to the Defendant’s unilateral statement, and thus, the risk of the person who was innocent by the Defendant’s act was high.

The circumstances, such as the fact that it is difficult to see, that there is no history of punishment for the same crime, and that there is no criminal punishment exceeding the fine if the criminal records of the suspension of execution are excluded, should be taken into consideration in the favorable circumstances

When considering the above circumstances and other circumstances such as the defendant's age, sexual conduct, economic circumstances, motive and circumstances of the crime, and circumstances after the crime, the punishment sentenced by the court below is appropriate.

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