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(영문) 의정부지방법원 2015.04.21 2014노2768
무고
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court (e.g., a fine of two million won, Defendant B: a fine of six million won, and a suspended sentence of two years) is deemed to be too uneasible and unfair.

2. Determination

A. The accusation is not only an active violation of the state’s criminal justice function, but also an offense causing the risk of wrong criminal punishment against a person who does not commit an offense, and the nature of the offense is disadvantageous.

B. However, in light of the fact that the Defendants led to confession of and reflect on the instant crime, there is no same criminal records against Defendant B, Defendant A was the initial offender, Defendant A was prosecuted and tried as an accomplice in the crime of fraud with G and H during the process of avoiding the marital relationship with G and H, and the Defendants appear to have caused damage to the Defendants. Defendant B, when the judgment became final and conclusive, ought to consider equity with the case where the judgment was rendered concurrently in the relationship between the original offender and the instant crime of false accusation with the latter part of Article 37 of the Criminal Act. In addition, taking into account all the circumstances that form the conditions for sentencing, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, it is unreasonable to deem that the sentence of the lower court is too unreasonable.

C. Therefore, prosecutor's assertion is without merit.

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

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