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(영문) 서울북부지방법원 2017.03.23 2016노2530
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

The main reason for appeal is that the sentence (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

The above-mentioned sentence of the court below's order against the defendant is too unhued and unfair.

2. Under the judgment on the reasons for appeal, the sentencing of the Defendant and the Prosecutor together are examined.

The crime of false accusation is a serious crime that interferes with the appropriate exercise of the national criminal justice or disciplinary authority, as well as a serious crime that causes a person under serious danger of receiving criminal or disciplinary punishment, which requires strict punishment, and due to the accused's accusation, it seems that the accused and the accused are suffering from severe mental suffering, etc., which are disadvantageous to the accused, including the fact that the accused and the accused recognize the crime of this case, there is no past record of criminal punishment exceeding the fine, the accused have cancelled all the accusation against the victims late, and the circumstances favorable to the accused including the fact that the accused have deposited KRW 2 million for N and M, and other circumstances that are favorable to the accused, such as the motive and background leading up to the crime of this case, circumstances before and after the crime, the accused's age, sexual behavior, environment, occupation, family relation, etc., the defendant's punishment sentence imposed by the court below is too excessive, and thus, the defendant's argument of unfair sentencing is justified, and the prosecutor's argument of unfair sentencing is without merit.

3. If so, the defendant's appeal is with merit, and thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again ruled as follows, and the prosecutor's appeal is not reasonable, but is reversed by accepting the defendant's appeal, the prosecutor's appeal is not dismissed separately

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below.

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