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(영문) 인천지방법원 2016.01.15 2015노3047
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. The crime of false judgment is an offense that harms the state’s right to ask for proper judgment and causes in danger of unfair criminal punishment, and requires strict punishment. In light of the circumstances and contents of the instant crime, etc., the nature of the crime is poor; the human resources and time of the investigation agency were wasted due to the instant crime; the crime appears to have undergone considerable mental suffering, such as being investigated several times by the investigation agency; the fact that the person under investigation is not agreed with the person under investigation; however, it is unfavorable or unfavorable to the defendant; while the crime of this case, the confession and reflects the case; the fact that the person under investigation was not subject to criminal punishment; the defendant deposited five million won for the person under investigation; the fact that there was no record of criminal punishment; the defendant’s age, power, sex, home environment, relationship with the defendant under investigation and the person under investigation; and the circumstances before and after the crime, etc., the court below’s sentence against the defendant is too unfair.

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

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