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(영문) 서울서부지방법원 2017.01.12 2016노1259
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (three years of suspended sentence, three years of probation, observation of protection and community service order and 120 hours of imprisonment with prison labor for two years) is too unreasonable.

2. In light of the circumstances favorable to the Defendant, such as the fact that the Defendant led to the confession and the mistake of the Defendant, the fact that the Defendant was not prosecuted due to the Defendant’sless crime of this case, the fact that there was no criminal record other than the previous criminal record of the Defendant, the Defendant did not have any other criminal record. However, even though the Defendant suffered significant pain due to the Defendant’s rape crime, the Defendant filed a complaint against the Defendant for perjury, rather than having been able to recover damage to the Defendant, and the Defendant continued to file an appeal, reappeal, and a petition for adjudication against the above accusation case, and continuously suffered considerable mental pain on the victim, such as the Defendant’s age, career, sexual behavior, motive and method of the crime of this case, means and method of the crime, circumstances after the crime, etc., the sentencing of the lower court is deemed appropriate, taking into account all the factors indicated in the arguments and records, such as the court below’s sentencing.

The defendant's argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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