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(영문) 인천지방법원 2015.05.28 2014노4859
무고
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal (one year of imprisonment and two years of suspended execution), the prosecutor asserts that the punishment is too unfasible and unfair, and the defendant asserts that the punishment is too unreasonable.

2. It is more favorable to the following: (a) the prosecutor of judgment and the defendant's grounds for appeal together; (b) the defendant is led to confession; (c) the defendant deposited KRW 20 million for the accused; (d) the defendant has no criminal record of the same kind; and (e) the defendant was detained for about one month due to the instant case and had an opportunity to reflect; and (c) the defendant has an opportunity to reflect against the criminal justice function of the state; and (d) there is a need for strict punishment; and (e) the defendant is still seeking a strong punishment against the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, motive, means and method of the instant crime, and circumstances after the crime, etc., the lower court’s punishment against the Defendant is deemed appropriate, and it is not deemed that the Defendant is excessively heavy or light.

3. If so, 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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