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(영문) 청주지방법원 2019.06.05 2019노226
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

The crime of false accusation not only causes the risk of criminal punishment against the victim, but also requires strict punishment for it as a serious crime that undermines the function of the state's criminal justice.

The nature of the crime is bad in that it is false accusation that sexual assault was committed.

The accused may have three times the same previous convictions similar to this case, including the previous convictions of imprisonment and the previous convictions of suspended execution.

In addition, comprehensively considering the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and various conditions of sentencing indicated in the record, considering the favorable circumstances such as the fact that the Defendant seriously reflects the Defendant, the Defendant’s family members and branch members want to take the Defendant’s wife, and the need for medical treatment due to anti-social disorder, the lower court’s punishment is too heavy beyond the reasonable limit of discretion.

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

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