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(영문) 부산지방법원 2017.01.20 2016노4595
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The fact that the defendant was found to have committed a crime in the first instance trial is favorable to the defendant. However, the crime of this case is a false accusation against a correctional officer with the content that the defendant was assaulted by a correctional officer in a prison, and the nature of the crime is not less than that of the crime. The crime of false accusation is a serious crime that interferes with the appropriate exercise of the national criminal justice or disciplinary authority, and is in danger of criminal punishment or disciplinary action, and there is a need for strict punishment. In full view of other various sentencing conditions as well as the defendant's age, character and behavior environment, circumstances before and after the crime, etc., it is not unreasonable that the sentence of the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition (Article 25 of the Regulation on Criminal Procedure, which adds "1. Legal mitigation: the addition of "Article 157, Article 153, and Article 55 (1) 3 (Confession mitigation) of the Criminal Procedure Act" to the application of the judgment below ex officio pursuant to Article 25 of the Regulation on Criminal Procedure.

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