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(영문) 대구지방법원 2017.05.12 2016노4518
무고
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to the punishment (one million won by each fine) is too unreasonable.

2. The fact that the Defendants recognized the instant facts charged and reflected, and that the Defendants did not have any history of punishment or punishment exceeding the fine under the same offense is favorable to the Defendants.

However, there is a need for strict punishment for the crime of false accusation as a serious crime that not only actively infringes on the nation's criminal justice function, but also causes a person without criminal punishment to be subject to unfair criminal punishment.

The crime of this case was committed by the Defendants, not against the Defendants’ violation of the matters to be observed in singinging business, but rather against those who reported it, and was committed to receive compensation for damage therefrom. In light of the circumstances leading up to the crime, the nature of the crime is very bad, and even if so, leading the Defendants to commit the crime of this case.

Even if such circumstances are considered favorable to others, such circumstances can not be considered.

In addition, comprehensively taking account of the Defendants’ age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and other circumstances revealed in the records and arguments, even if Defendant B led and the other Defendants committed the crime of this case in the same manner, in light of the Defendants’ respective needs, and the fact that the Defendants reported the same sentence to the Defendants in their own name or prepared a written statement, it cannot be deemed unfair because the sentence imposed by the lower court is contrary to the equity or is too unreasonable. Thus, the Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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