무고
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The prosecutor of the grounds for appeal asserts that the court below's punishment (five million won of a fine) is too unhued and unreasonable.
2. Ex officio determination
A. First, the gist of the criminal facts in the judgment below is that the defendant submitted a false complaint to the KNND on August 27, 2012 for the purpose of having E and F punished criminal punishment.
However, since this is a case where a single act constitutes several crimes, the punishment shall be determined after going through the ordinary concurrence prescribed in Article 40 of the Criminal Act, but the court below dealt with it as a single crime.
(b) If a person who has committed any of the following offences, makes a confessions or surrenders himself before the judgment or disciplinary action on the case in which he is found, the punishment shall be mitigated or remitted:
(Articles 157 and 153 of the Criminal Act). However, the judgment of the court below cannot be maintained unless the punishment against the defendant is to be reduced or exempted in accordance with Articles 157 and 153 of the Criminal Act, since the defendant led to the confession of the crime of false accusation at the court below, and the criminal case against the defendant, E and F, which the defendant was not subject to a disposition of non-prosecution, is obvious, and the decision
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, on the grounds of ex officio reversal of the judgment below, and the following further decision is rendered as follows.
[Discied Judgment] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below in addition to adding "1. Complaint (Appellant A and Defendant E, etc.)" to the summary of the evidence.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 156 of the Criminal Act as to the facts constituting the crime;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of an alternative fine;
4. Statutory mitigation of provisions of Articles 157, 153, and 55 (1) 6 of the Criminal Act;
5. Article 70 of the Criminal Act for the Detention of Labor House Head.