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(영문) 광주지방법원 2016.09.01 2015노2754
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2,000,000 won of fine) is too unreasonable.

2. The judgment appears to result in the crime of this case in the state of being mentally shocked by the Defendant’s misjudgmentation and removal from a workplace where he/she had been employed throughout his/her lifetime, and the fact that there is no past record of criminal punishment exceeding the fine is favorable to the Defendant.

On the other hand, the following is disadvantageous.

In light of the method, contents, etc. of the crime of this case, the crime of this case is not less than that of the crime.

There is a need for strict punishment as a serious crime that causes the risk of illegal criminal punishment, as well as actively infringing on the function of the state's criminal justice function.

The person was unable to receive an accusation from the person without an injury.

In addition, in full view of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., even if considering the circumstances favorable to Defendant, it is not recognized that the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

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

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