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(영문) 대법원 2015.05.14 2014도14872
무고
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have determined that the facts charged in the instant case was guilty on the grounds stated in its reasoning.

In doing so, there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the falsity of a crime of false accusation.

On the other hand, among the grounds of appeal by the defendant, the defendant's confession at the prosecutor's office is not admissible as it is not voluntary, and the defendant's assertion that the confession at the prosecutor's office is not admissible as evidence is not a ground of appeal or that the court below did not consider it as

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only when the death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten

In this case where a fine is imposed against the defendant, the argument that the amount of punishment is unreasonable shall not be a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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