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(영문) 창원지방법원 2015.04.01 2014노2658
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2.5 million won of a fine) is too unreasonable.

2. The fact that the judgment of the defendant led to confession and reflect, and that the defendant was not prosecuted for the crime of this case is favorable to the defendant.

However, considering the circumstances unfavorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too unreasonable, considering the following: (a) the crime of false accusation is likely to be subject to criticism, which impedes the function of the State's criminal justice and is at risk of illegal criminal punishment; (b) the victim was investigated by an investigative agency several times; and (c) the court below rendered a decision to reduce the fine by fully taking into account the favorable circumstances of the defendant; and (d) the punishment imposed by the court below

Therefore, the defendant's assertion of unfair sentencing 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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