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(영문) 대전지방법원 2015.08.19 2015노1264
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (two million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant appears to have the attitude to recognize all of the instant crimes and reflect in depth; (b) the Defendant voluntarily withdrawn the accusation during the investigation; and (c) the Defendant is a primary offender who has old and no criminal power.

On the other hand, the crime of false accusation is a crime which harms the criminal justice function of the State and causes a person without prison labor to be subject to unfair criminal punishment, and thus requires strict punishment, and it seems that the defendant tried to resolve the relation with the victim by the complaint of this case, and the quality of such crime is not good, and it seems that the defendant had a conclusive perception of the defendant's intention in light of the contents of the defendant's complaint, etc. are disadvantageous to the defendant.

In full view of the above circumstances and other circumstances, such as the circumstances after the instant crime, age, character and conduct, family relationship, environment, occupation, etc., which are conditions for sentencing as shown in the records and pleadings, there is no change of circumstances that can determine the sentence different from the original judgment, the sentence imposed by the lower court cannot be deemed unfair since the sentence imposed by the Defendant is unlimited. Thus, the Defendant’

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

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