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(영문) 광주지방법원 2019.10.17 2019노2082
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (five months of imprisonment) is too unreasonable;

2. Determination

A. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The court below set a sentence against the defendant by taking account of favorable circumstances, such as the fact that the defendant led to a serious threat of legal stability, which is a proper exercise of the State's trial function, and thus seriously threatens a State's exercise of judicial power, and that it is necessary to punish the defendant strictly. The defendant led to confession and reflects the crime of this case, the crime of this case is in a ex post concurrent relationship with the crime of violence, etc. for which judgment has already become final and conclusive, and thus the balance between the two crimes should be considered at the same time when judgment is rendered, and the defendant

C. Based on the legal principles as seen earlier, there is no change in the above sentencing conditions compared with the court below, and in light of the Defendant’s age, character and conduct, motive of crime, circumstances after crime, etc., the sentencing grounds revealed in the argument process of the instant case and the sentencing guidelines for the enactment of the Supreme Court’s Sentencing Committee, etc., the lower court’s punishment is too inappropriate to have exceeded the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

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

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