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(영문) 광주지방법원 2013.07.03 2013노741
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the prosecutor is unreasonable in light of the following: (a) the Defendant, by a false accusation, disturbs the judicial order and disturbs the quality of the offense; and (b) the Defendant’s infinite damage was not recovered due to the Defendant’s infinite accusation; and (c) the sentence of the lower court, which sentenced the two-year suspended sentence

2. In light of the motive and background leading up to the instant crime, the circumstances before and after the instant crime, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, etc. as indicated in the record and pleadings, considering the circumstances asserted in the grounds for appeal, the lower court’s punishment cannot be deemed to be unreasonable because it is too uneasible, even if it is considering the circumstances asserted in the grounds for appeal. Thus, the above assertion is without merit.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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