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(영문) 부산지방법원 2017.03.17 2016노4097
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. It is recognized that the judgment of the accused led to the confession of the crime, and his mistake is repented, and there is no particular criminal record other than the sentenced fine of 300,000 won due to assault in around 2011, and that the accused did not receive criminal punishment.

However, the crime of false accusation is not only a serious crime that interferes with the appropriate exercise of national criminal justice or disciplinary power, but also requires strict punishment, and there is no change in circumstances that make the original judgment and the punishment differently different from the original judgment, and considering all of the sentencing conditions stated in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, circumstance after the crime, etc., it is not recognized that the original judgment's punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition by the assent of all participating Justices (see, e.g., Supreme Court Decision 200Da36442, Apr. 1, 200).

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