(영문) 대구지방법원 2017.01.12 2016노3350 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2017.01.12 2016노3350

무고

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (7 million won in penalty) declared by the court below.

2. Determination

A. The lower court, in light of the circumstances favorable to the Defendant, sentenced the above punishment by taking account of the following: (a) the Defendant led to the confession of the instant crime and reflects the mistake; (b) the Defendant has no record of punishment for the same kind; and (c) the Defendant was not actually prosecuted or punished due to the Defendant’s absence; (d) on the other hand, the crime of false accusation is an offense that infringes on the State’s criminal justice function; and (e) causes the risk of illegal punishment to a person who is under suspicion; and (e) the Defendant committed the instant crime at an investigative agency, taking into account the fact

B. The crime of false deliberation is a serious crime that interferes with the appropriate exercise of the national criminal justice or disciplinary authority, as well as the appropriate exercise of the national criminal justice or disciplinary authority, and is strictly punished. The crime of this case is deemed to have not been jointly and severally guaranteed when the defendant terminated his/her disadvantage in civil procedure on the person against whom it was committed and joint and several sureties, and that the person against whom it was committed was filed a criminal complaint. In light of the fact that the defendant denied the crime in an investigative agency, it is not good that the crime of this case is committed.

However, in the civil procedure that caused the instant case, consideration should be given to the following factors: (a) the Defendant agreed smoothly with theless person; (b) the Defendant led to the confession of and seriously reflects the mistake; and (c) the fact that there was no record of punishment in addition to the receipt of fines of KRW 1 million due to driving of drinking around 2014.

In addition, considering the Defendant’s age, sex, career, environment, family relationship, circumstances leading to the commission of the offense, the means and consequence of the offense, and all the conditions of the punishment indicated in the instant records and arguments, the lower court’s judgment exceeded the reasonable bounds of discretion.

(b) evaluate; or

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