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(영문) 대구지방법원 2019.10.25 2019노2784

무고

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime of false accusation is an unfavorable circumstance to the Defendant, because it undermines the function of the State’s criminal justice and causes a person who is in danger of receiving wrong criminal punishment, and the quality of the crime is very bad, and the Defendant committed the crime of this case without being aware of the fact that he committed the crime of this case even though he was a repeated crime due to a

However, in full view of the following circumstances: (a) the Defendant recognized his mistake in the course of the trial; (b) the victim was not subject to actual criminal punishment; (c) the victim was under agreement with the victim in the trial; and (d) the victim did not want to be punished against the Defendant; and (c) the Defendant is under the circumstances that the blood parents should support the blood parents; and (d) other circumstances that form the conditions for sentencing specified in the argument of the instant case, such as the Defendant’s age, character and conduct, environment, health conditions, and the circumstances after the crime, the lower court’s punishment is deemed unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Dao-written judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are identical to each corresponding column of the judgment of the court below, except for adding “1. Defendant’s oral statement” to the summary of evidence of the court below’s judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;