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(영문) 광주지방법원 2017.01.18 2016노1947
무고등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for six months of imprisonment) is too unfluent and unfair.

2. The crime of this case was committed by the Defendant using his superior position to commit violence against the victim and thereby resulting in such violence to the victim, and thus, the nature of the crime is not good in light of its details and method. The Defendant did not agree with the victim up to the trial. The crime of false accusation is an unfavorable circumstance, such as the Defendant’s failure to reach an agreement with the victim up to the trial. The State’s proper investigation and trial function as well as heavy impediment and congested of unnecessary social costs, and the other party’s strict punishment is necessary for the crime of causing serious pain and damage to the victim.

On the other hand, it is advantageous to the fact that the defendant properly recognizes and reflects his mistake, that the defendant deposited 7 million won to the victim, that the defendant did not have any criminal record exceeding the fine, and that there was no record of punishment for the last ten years.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too unfasible and it is not deemed unfair.

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

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