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(영문) 대법원 2016.01.28 2015도19008
무고
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of the facts charged. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the crime of false accusation.

In addition, the argument that the judgment of the court below erred by deviating from the inherent limit of sentencing discretion is ultimately an unfair argument of sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Therefore, the argument that the Defendant’s punishment is too unreasonable is not 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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