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(영문) 서울중앙지방법원 2016.05.26 2016노165
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence in the month of imprisonment) is too unfasible.

2. The judgment that the defendant denies the crime at the court below and does not oppose the defendant is disadvantageous to the defendant.

However, in light of the circumstances and degree of the instant crime, the fact that there is no history of criminal punishment exceeding the fine imposed on the Defendant, the fact that the Defendant did not appeal by respecting the judgment of the lower court, and the motive and background leading up to the instant crime, the content of the relevant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the scope of the recommended sentence determined by the Supreme Court’s sentencing commission [this case’s sentencing commission [this case’s sentencing is from June to two years: the basic area, no special sentencing factor: the type 1 (general dismissal)] of the lower court’s sentencing within the scope of the recommended sentence determined by the Supreme Court’s sentencing commission.] cannot be deemed unfair as it goes beyond the reasonable scope of the discretion.

The above argument is without merit.

3. According to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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