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(영문) 부산지방법원 2016.06.02 2016노876
무고교사
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below (Defendant A: imprisonment with prison labor for 4 months and Defendant B: imprisonment with prison labor for 2 months) is too unreasonable.

2. The fact that the Defendants led to confession of and reflects the mistake in the instant crime before the final judgment became final and conclusive, and the crime of the judgment is in the relationship between the crime for which each judgment became final and conclusive and the single concurrent crime after Article 37 of the Criminal Act, and at the same time, the principle of equity should be considered in the case where the judgment was received.

However, the crime of this case is committed by Defendant A, who instigated Defendant B to be free from custody of the correctional institution, and accordingly, Defendant B was free from custody and the nature of the crime is not good. The crime of false accusation is a crime that obstructs the proper exercise of the State’s criminal justice or disciplinary power, and there is a need to strictly punish Defendants. The court below already determined the punishment in consideration of the favorable circumstances of the Defendants, and there is no change of circumstances that may vary between the court below and the punishment in the trial, and other various sentencing conditions such as the Defendants’ age, sexual behavior, environment, means and method of the crime, and the circumstances after the crime are considered, the punishment imposed by the court below is too unreasonable.

3. In conclusion, the Defendants’ appeal is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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