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(영문) 인천지방법원 2016.01.05 2015노4162
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that all of the crimes of this case are recognized by the Defendant, the fact that the accused does not have criminal prosecution, and the fact that the accused did not have serious damage caused by the fraud.

On the other hand, however, the crime of false accusation is not only causing danger and suffering of criminal punishment against the accused, but also requires strict punishment as a crime interfering with the realization of justice through the judicial authority by abusing the judicial function of the State, since it is a crime during the period of repeated crime, there is an aggravated element in sentencing. Since it is difficult to avoid sentence against the accused, the accused is desiring criminal punishment against the accused, the victim of the crime of fraud and the defendant did not agree up to the trial, and the sentencing conditions specified in the argument of this case, including the defendant's age, sex, circumstances leading to the crime of this case, and circumstances after the crime, etc., are considered, it is difficult to accept the defendant's unfair argument for sentencing.

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

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