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(영문) 전주지방법원 2016.06.24 2016노409
무고
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 filed a complaint with the forgery of a private document, etc., on the ground that the power of attorney under C submitted by misunderstanding D to J architect, the seal under C is affixed to the proxy under the name of C, and the body written in that power of attorney is not the Defendant, and therefore, Defendant 1 had intention to mislead the Defendant.

subsection (b) of this section.

2) The sentence of the lower court (one year of imprisonment, two years of suspended execution) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The judgment of the court below as to the defendant's assertion of mistake of facts also asserted the same purport, and the court below rejected the above assertion by giving a detailed statement in the column of "decision on the defendant's and his defense counsel's assertion". In light of the records, the judgment of the court below is just and acceptable, and there is an error of law of misunderstanding of facts as alleged by the defendant.

Therefore, this part of the defendant's assertion is without merit.

B. As to the argument of unfair sentencing by the Defendant and the prosecutor, there is no past history of criminal punishment prior to the age of 69, and the crime of this case does not lead to the actual criminal punishment of a person who is unemployed due to the crime of this case. The circumstances favorable to the Defendant are as follows.

On the other hand, the crime of this case is committed by a person who is without doubt by forging a private document, etc., and the nature of the crime is not good. The crime of false accusation is an offense that infringes on the State's criminal justice function and causes the risk of illegal punishment, and thus requires strict punishment, and it does not seem to be an unfavorable circumstance to the defendant.

The above circumstances and other circumstances, the background of the instant crime, the age of the Defendant, the sex, and the environment.

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