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(영문) 의정부지방법원 2013.09.26 2013노1365
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment and two years of suspended execution) shall be too unreasonable; and

2. Recognizing the following circumstances: (a) the Defendant has no same criminal power; (b) the crime of this case is established in relation to the crime of violation of the Act on the Control of Narcotics, etc. and concurrent crimes under the latter part of Article 37 of the Criminal Act; and (c) there is a need to consider equity in the case where the judgment was given; and (d) the Defendant led to confession of

However, the crime of false accusation is an offense that seriously threatens the legal stability of the State, which is a proper exercise of the State’s trial function, and is in need of strict punishment. The Defendant committed the crime without accusation in this case for the purpose of undermining its criminal punishment on the ground of the so-called “investigative Public” among the attempts to be tried by the said final judgment, and thus, the motive for committing the crime is not good, and there are many criminal records against the Defendant. In light of all the sentencing conditions indicated in the records, such as the circumstances and methods of the crime, the Defendant’s age, character and conduct, home environment, and circumstances after the crime, it cannot be deemed that the sentence of the lower court against the Defendant is too unreasonable.

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

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