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(영문) 부산지방법원 2016.11.25 2016노3260
무고등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The court below's punishment (7 million won of fine) against the defendant is too unreasonable.

Judgment

The fact that the defendant recognized the crime of this case and reflected against it, and that each of the crimes of this case occurred in a dispute over contingent punishment due to the drunkenness between the punishment and the punishment, there are circumstances to take into account some of the circumstances in the course of the crime, and the fact that the victim-friendly relationship with the defendant and the defendant want to break down the defendant's wife, etc. are favorable to the defendant.

However, in full view of the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, etc., such as the fact that the Defendant had been punished several times of the same and different types of crimes, and the crime without prejudice to the appropriate exercise of the State’s criminal justice authority or disciplinary authority, and the fact that there is a need for strict punishment as a serious crime that causes the risk of having to be subject to criminal punishment or disciplinary action, etc.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.

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