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(영문) 의정부지방법원 2019.06.13 2018노1355
무고
Text

The defendant's appeal is dismissed.

Expenses of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant did not know that he did not admit C or D, the court below erred by misapprehending the fact that the court below found C or D guilty of the facts charged in this case, thereby adversely affecting the conclusion of the judgment.

(b) The sentencing division (the first instance: Imprisonment with prison labor for not less than six months and two years of suspended execution);

2. Determination

A. The Defendant asserted that the lower court denied the liability for the crime of false accusation, and the lower court rejected the said assertion in detail by providing a detailed statement on the Defendant’s assertion and its judgment under the title “judgment on the Defendant and his defense counsel’s assertion” in the judgment of the lower court.

According to the evidence duly admitted and investigated by the court below, the facts as at the time of original adjudication can be recognized, and there is no illegality of mistake of facts affecting the judgment, as alleged by the defendant.

Therefore, the defendant's assertion of mistake is without merit.

B. The lower court determined the judgment on the assertion of unfair sentencing by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. The mitigated person: (a) the accused, despite the objective evidence, denies the crime and vindicates the accused; (b) the accused was not subject to actual criminal punishment; and (c) the accused was not subject to criminal punishment; and (d) the grounds for unfair sentencing alleged by the accused in the trial are already considered by the lower court when determining the punishment; and (c) the judgment of the lower court does not seem to have exceeded the reasonable scope of discretion.

In addition, there is no circumstance to determine that the conditions of sentencing were changed in the trial, so it is reasonable to respect the sentencing of the court below.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that there is no ground for appeal, and all the costs of appeal incurred in the original judgment and the trial court are assessed against the defendant.

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