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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal (unfair sentencing) is unreasonable in light of the following: (a) the crime of this case is deemed to be inferior to its nature; and (b) the Defendant does not seem to have any form of reflection that denies and advanced criminal acts; and (c) the sentence of the lower court (one million won suspension of sentence) is deemed to be too uneasible.
2. The lower court determined the sentence by taking into account the following circumstances as revealed in the lower judgment’s “reasons for sentencing”.
[D] The crime of this case is a false fact that the machinery of this case that the defendant was provided by D cannot be used from the beginning, and thereby, acquired 6 million won or more by fraud, and the crime of this case is not less complicated.
The crime of false accusation is a serious crime that interferes with the proper exercise of the criminal justice power and lacks the risk of criminal punishment against a person who is not guilty.
[The favorable circumstances] Even if the crime of this case was committed, the crime of this case did not lead to an unreasonable result of criminal punishment imposed on a person who was innocent.
The machinery of this case did not have economic value equivalent to its price.
In addition, these circumstances have caused one of the causes causing the Defendant to file the instant complaint.
I seem to appear.
The accused does not want to punish the accused.
There is no criminal history of the defendant, and even a double crime has no record of punishment heavier than a fine.
In addition, the sentencing conditions, etc. revealed in the trial process of this case, including the defendant's age, reputation, character and conduct, and circumstances after the crime, shall be determined as ordered.
In light of the above, the lower court appears to have determined an appropriate punishment by taking into account the circumstances favorable to the Defendant and unfavorable circumstances, and there is no special change in circumstances that could change the sentence after the lower court was sentenced, and the Defendant purchased from around March 2012, 6 million won of used golf scrap machines from I.