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(영문) 수원지방법원 2015.02.12 2014노3388
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant (the imprisonment of eight months, the suspension of the execution of two years, the probation, and the community service order of two hundred hours) is too uneased and unreasonable.

2. The crime of false judgment is a crime that seriously infringes on the national legal interest, which is a proper exercise of the State’s trial function, and seriously threatens the legal stability of the crime, and thus requires strict punishment. However, considering the favorable circumstances, such as the fact that the defendant recognized the crime, the victim was in the favor of the defendant, and the defendant did not have the same criminal power, and other favorable conditions of sentencing as indicated in the records and arguments of this case, such as the defendant’s age, character and behavior, environment, circumstances surrounding the crime, and the circumstances after the crime, it cannot be said that the sentence imposed by the court below is too unjustifiable and unreasonable.

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

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