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(영문) 제주지방법원 2018.04.19 2017노573
무고등
Text

The defendant's appeal is dismissed.

Reasons

The gist of the Defendant’s appeal is as follows: (a) although the Defendant did not report false facts, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment; and (b) the sentence sentenced by the lower court (eight months of imprisonment, two years of suspended execution, two years of suspended execution, and observation of protection) was too unreasonable.

However, according to the evidence cited by the lower court, such as C’s specific and consistent statement, the Defendant’s assertion of mistake or misunderstanding of the facts is without merit, and in full view of various circumstances, which are the conditions for sentencing as indicated in the instant case, the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s wrongful assertion of sentencing is without merit.

Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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