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(영문) 의정부지방법원 2014.09.04 2014노1416
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (eight months of imprisonment) shall be too unreasonable, because of the gist of the grounds for appeal.

2. However, the defendant appears to be against himself while making a confession of the crime of this case, and there is a favorable circumstance that the defendant did not actively express his intention to punish the victim during the process of making a false accusation. However, the crime of this case is serious in light of the circumstance that the victim withdraws money from the victim, and the victim did not respond to it, and led to the crime. The crime of this case is a crime that infringes on the national legal interests of the State, which is a proper exercise of judgment function, and threatens the legal stability of the crime to be avoided. In particular, the contents of the defendant's false accusation may cause considerable disadvantage to the status of the victim, and are more severe in quality of the crime. Although the defendant was subject to a disposition to punish him without a disciplinary action, although the defendant was present at the inspection agency and the military police, he cannot be viewed as having suffered considerable mental pain, such as making efforts to prove that he was guilty, and there is no motive for the defendant to commit the crime of this case, and there are no other factors such as the defendant's age and behavior at the bar and the record.

3. If so, 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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