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(영문) 인천지방법원 2018.02.21 2017노2902
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of execution of one year, the observation of protection, and the community service hours of 80 hours) is too unreasonable.

2. Although there are extenuating circumstances such as the fact that the Defendant made a false report in the course of investigating the case in which the Defendant filed a complaint, and the result of the damage is relatively heavy, the Defendant could not have the ability to judge because of brain 6 disability, and the Defendant could not have the same criminal history as the Defendant, considering such circumstances, the lower court seems to have suspended the execution of imprisonment with prison labor for the Defendant. However, the lower court appears to have sufficiently taken into account such circumstances into account, and there is a need to strictly punish the Defendant as an offense impeding the proper exercise of the criminal justice power of the State, seriously impairing the legal stability of the person under suspicion, and it is necessary for the Defendant to severely punish him/her; the Defendant did not receive a letter from the person under suspicion; and other sentencing conditions specified in the records and arguments of the instant case, such as the Defendant’s age, sexual conduct, environment, and the background of the crime, etc.,

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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