무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The 6-month imprisonment with prison labor declared by the court below is too unreasonable.
2. In light of the fact that it is highly likely that the accusation against the sex offense like the instant case would cause serious damage to the victim, and thus, it is necessary to strictize it, and the Defendant shows a significant bad attitude in the process of investigating the sex offense against the victim (Evidence No. 345 of the Evidence No. 345 of the Evidence No. ), and the Defendant appears to have suffered severe mental pain due to the instant crime. Meanwhile, the Defendant recognized the facts charged in the instant case and violated his mistake in depth. The Defendant agreed to pay a total of KRW 12 million to the victim, and the Defendant was requested for a warrant of detention against the victim due to the instant crime, but the request for the warrant was dismissed. However, the request for the warrant was dismissed. The Defendant was detained by the Defendant without any history of criminal punishment, and living life for about three months since the Defendant was detained by the instant crime, and other circumstances such as the Defendant’s character and conduct, family relationship, etc., and the Defendant’s argument that the sentencing of the instant case is too reasonable after considering the following circumstances.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 157, 153, and 55 (1) 3 of the Criminal Act mitigated by law;
1. The Criminal Act, the suspension of execution;