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(영문) 대전지방법원 2015.04.16 2014노2560
무고
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The defendant (e.g., a fine of KRW 7 million) sentenced by the court below is too unreasonable.

The punishment sentenced by the court below is too uneasible and unfair.

Judgment

The crime of false accusation is a very serious crime in that it interferes with the state's trial function and judicial function, and interferes with the court's efforts to find substantial truth, and the arrest warrant was issued on September 4, 2013 on the ground that E intended to avoid the crime of this case by the crime of this case did not comply with the attendance of the investigative agency, and was arrested on September 5, 2013, released on September 5, 2013, and both D and E want to have a strict punishment against the defendant, and that the defendant has a number of past past criminal records.

However, the Defendant led to the confession and reflect of the instant crime, and the Defendant entrusted the sale of the instant 200 million won to E on one’s own initiative of the Cheongsophical scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic sp

In this context, comprehensively taking account of the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee, types 1 (general seal), special spons (absponsive motive), decision-making (aggressponsive motive), the scope of the recommended sentence (aggresspons) and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower court is too heavy or unreasonable.

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit.

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