(영문) 울산지방법원 2016.09.09 2016노965 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2016.09.09 2016노965

무고

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (7 million won) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

The defendant knew that E did not commit the crime of fraud, and filed a false complaint against E with an investigative agency, and thereafter, the defendant filed an appeal against the person who was not subject to a disposition of non-prosecution. In light of the circumstances and contents of the crime, etc., the nature of the crime is bad, and the crime is not only actively infringed on the State's criminal justice function, but also requires strict punishment for the crime that causes the person who was not subject to unfair criminal punishment. The fact that the crime of this case seems to have suffered considerable mental distress due to the crime of this case is disadvantageous to the defendant.

However, the following facts are the circumstances favorable to the Defendant: (a) the Defendant led to the instant crime in an investigative agency; (b) the Defendant’s confession of the instant crime at the investigative agency; (c) the fact that the Defendant’s act was contradictory to the fact that there was no actual prosecution or criminal punishment due to the Defendant’s act; (d) there was no record of criminal punishment in the past; and (e) the fact that there was no circumstance that may be considered in light of the circumstances leading to the instant crime, such as the Defendant’s death, etc.

In full view of the circumstances that are favorable to the above unfavorable circumstances and the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, and other circumstances that are the conditions for the instant sentencing as indicated in the trial process, the lower court’s punishment is too heavy or unreasonable, and thus, it is not acceptable to accept all the allegation of unfair sentencing by the Defendant and the Prosecutor.

3. Conclusion.

유사 판례

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