(영문) 전주지방법원 2016.07.29 2016노567 | 리걸엔진

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(영문) 전주지방법원 2016.07.29 2016노567

무고

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (Defendant A: a fine of KRW 5 million, Defendant B: a fine of KRW 10 million) is too unreasonable.

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

2. The fact that the Defendants recognized the instant crime from the investigative agency to reflect in depth the mistake, Defendant A had no record of criminal punishment or heavier criminal punishment than a fine for the same crime before, Defendant B had no record of criminal punishment for the same crime before, Defendant B had no record of criminal punishment for the same crime; Defendant B had no record of criminal punishment for the same crime; Defendant B had no record of criminal punishment for the same crime; Defendant B had to support a child born out of the prevention of the instant crime.

On the other hand, the crime of this case is a case in which the Defendants were sentenced to a suspended sentence of three years on August 14, 2013 and committed the crime of this case without being aware of the fact that the Defendants committed the crime of this case without being aware of the fact in the period of the suspended sentence of four years on the grounds that the Defendants committed the crime of this case without being aware of the fact that the Defendants committed the crime of this case in a false manner, which infringes on the criminal function of the State and put the risk of illegal punishment. The criminal function of the State, which infringes on the criminal justice, and puts the risk of illegal punishment. Defendant B committed the crime of this case on August 14, 2013.

In full view of the aforementioned circumstances and other factors of sentencing as indicated in the records and arguments of the instant case, such as the background of the instant crime, the age of the Defendants, sexual conduct, environment, etc., the lower court’s punishment against the Defendants is too heavy, or the lower court’s punishment against Defendant B is too excessive and unreasonable. Thus, the Defendants and the Prosecutor’s assertion is without merit.

3. In conclusion, the appeal by the Defendants and the public prosecutor is without merit. Thus, Article 364(4) of the Criminal Procedure Act is applicable.

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