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(영문) 서울북부지방법원 2018.02.22 2017노2183
무고
Text

The prosecutor's appeal is dismissed.

Reasons

The sentencing of the court below (3 million won in penalty) is too unhued and unfair.

Judgment

Although the crime of false accusation not only interferes with the appropriate exercise of national criminal justice or disciplinary power, but also requires strict punishment for a serious crime that causes a person under serious danger of being subject to criminal punishment or disciplinary measure, the defendant has no record of being punished for the same kind of crime, but also takes into account the motive and background leading up to the crime of this case, the means and method of the crime, the circumstances before and after the crime, the defendant's age, sexual behavior, environment, occupation, family relation, and other circumstances that are favorable to the defendant, such as the fact that the defendant has no record of being punished for the same kind of crime, and that there are other circumstances that are conditions for sentencing as shown in the arguments, the sentence imposed by the court below is too unjustifiable and unfair.

In 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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