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(영문) 인천지방법원 2013.12.06 2013노2738
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unfased and unfair.

2. The offense of false judgment requires a strict punishment as an offense that seriously threatens the legal stability of the State, namely, a proper exercise of the State’s trial function. However, in full view of all the circumstances, including the confession and reflection of a crime, the fact that the defendant has no criminal record of the same kind or suspension of execution, the relationship between the defendant’s age, character and conduct, the environment, the relationship with the intent to avoid the crime, the motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the court below against the defendant is too unjustifiable, and thus, the prosecutor’s assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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