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(영문) 대구지방법원 2015.02.13 2014노1404
무고
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the following circumstances are unfavorable: (a) the Defendant, as an assistant of a violent organization, was not good to commit the instant crime, by examining the argument of unfair sentencing by the Defendant and the prosecutor; and (b) the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime without being aware of the period during which the instant crime was suspended.

On the other hand, the fact that the defendant led to the confession of the crime, most of the victims do not want to punish the defendant, and there is no record of punishment for the same kind of crime.

In addition, considering all the conditions of sentencing, including the Defendant’s age, character and conduct, environment, criminal records, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable. Thus, each of the above arguments by the Defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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