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(영문) 부산지방법원 2016.06.09 2016노234

무고

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

Articles 157 and 153 of the Criminal Act provide that “When a person who commits a crime without accusation makes a confession or accepts a person who has committed a crime before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment therefor shall be mitigated or remitted.” However, the court below denied the crime of this case, and the defendant led to the conviction of this case, and it is obvious that the case against EI, H, J, and M was not prosecuted and the judgment becomes final and conclusive. As such, the defendant’s punishment against the defendant shall be mitigated or exempted in accordance with Articles 157 and 153 of the Criminal Act.

In this respect, the judgment of the court below is no longer maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The gist of the facts charged and the evidence admitted by this court is as follows: (a) the Defendant’s partial statement in the court below’s summary of the evidence changed “1.1.1.1 Defendant’s oral statement” to “the Defendant’s own court testimony”; and (b) thus, it is identical to each corresponding column of the Criminal Procedure Act. As such, it is cited in accordance with Article

Application of Statutes

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Competition (Inter-Korean between crimes of false accusation committed on June 24, 2013, and between crimes of false accusation committed on November 28, 2014, respectively);

1. Selection of each sentence of imprisonment;

1. The crime with no reason for sentencing is a crime under Article 157, Article 153, or Article 55(1)3 (a) of the Criminal Act to be mitigated by law, and thus, it interferes with the appropriate exercise of the State’s criminal jurisdiction or disciplinary authority, and requires a person without criminal punishment.