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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.
2. The circumstances are advantageous to the following: (a) the Defendant led to the confession of the instant crime while committing the instant crime; (b) the discovery of the Defendant’s false accusation at the investigation stage; (c) the accused did not have the criminal prosecution; (d) the accused did not want the punishment of the Defendant; (c) the Defendant did not have the record of the same kind of crime; and (d) the Defendant appears to have been in an economically difficult situation.
However, in this case, the defendant filed a false complaint with the purport that he was abused by a person who was assaulted by a person who was in danger of being injured by his head due to micro and spawn disease, which is a dangerous object, and the nature of the crime is not good. The crime of false accusation is not only caused unnecessary human resources waste by a criminal justice agency, but also may cause mental suffering to the victim, and may lead to the exercise of the wrong state penal authority if the person was brucated, so it is necessary to punish the defendant strictly, and the defendant allowed the investigative agency to make a false statement by visiting her female her mother-child in order to dismiss the victim.
In addition to the above circumstances, the court below appears to have sentenced to a fine reduced than the summary order, taking into account the circumstances favorable to the defendant, and there is no change of circumstances that could change the punishment as determined by the court below, and considering the defendant's age, sex, environment, motive and background leading to the crime of this case, its means and consequence, and all of the sentencing conditions in the records and theories of this case, including the circumstances after the crime, there is no punishment imposed by the court below, and it does not seem unfair.
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.