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(영문) 부산지방법원 2015.12.03 2015노2604
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months) of the lower court is too unreasonable;

2. The judgment shows the attitude against the defendant when recognizing the crime of this case, the fact that the defendant was innocent at the investigation stage, and the accused did not have the criminal prosecution, the accused expressed his intention that the accused does not want the punishment of the defendant, the accused did not have any record of being punished exceeding the fine, and the fact that the accused did not have any record of being punished for the same crime is favorable to the defendant.

However, in full view of the following circumstances: (a) the crime of false accusation is a crime that harms the nation’s criminal justice function and is likely to be subject to an unreasonable punishment; (b) there is a high possibility of criticism; and (c) the crime of this case is highly poor in light of its circumstances, contents, etc.; (d) there is no change of circumstances that may be considered in sentencing after the judgment of the court below; and (e) other various circumstances, which are the conditions for sentencing specified in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, and relation with the person who was injured, the sentence imposed by the court below

Therefore, the defendant's above assertion is without merit.

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

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