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(영문) 부산지방법원 2015.04.03 2015노19
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 5 million imposed by the court below against the defendant is too unhued.

2. The crime of this case is found to have been filed with a false accusation for the purpose of having a criminal punishment, even though the defendant knew that the defendant did not have access to the legal wife and branch, and that the crime of this case was committed with the intent of having them receive criminal punishment. It is recognized that the case is not somewhat weak, that the case was caused by the false accusation, that the wife and the pastor who made a false accusation was suffering from mental pain, that there was a fatal damage to their social reputation, that there was no agreement with the defendant up to now, and that the defendant did not agree with the defendant up to now, that the crime of false accusation is a crime that undermines investigation and the pursuit of fairness and truth of trial, and in particular, that the criminal act of this case was committed with the investigation force.

However, in light of the following circumstances: (a) the Defendant recognized the instant crime at the stage of public trial and reflects the Defendant’s mistake in depth; (b) the Defendant’s accusation does not result in arrest, detention, or criminal punishment; (c) the Defendant appears to have been divorced from his wife with his wife without sufficiently showing any old and economic circumstances; (d) the Defendant has lived in good faith for about 30 years without being subject to criminal punishment after around 1982; and (e) other various circumstances, including the Defendant’s environment, family relations, the background leading to the instant crime, and the circumstances before and after the instant crime, etc., which are the conditions for sentencing as indicated in the record, are considered as inappropriate.

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

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