무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence of the Defendant (unfair sentencing) sentenced by the lower court (six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.
2. We also examine the reasons for each appeal by the Defendant and the Prosecutor.
The crime of this case was committed on December 20, 2016 by the defendant, who met the victim on December 20, 2016, and submitted a false complaint to the investigation agency to the effect that "the defendant himself/herself was injured by assault from the victim at the time," and submitted it to the investigation agency for the purpose of making it a so-called "intermodal assault" case, even though he/she exercised unilateral violence against the victim, and the crime of this case was bad in the nature of the crime in light of the circumstances of the crime and the method of the crime. The victim was present and testified at the investigation agency as well as at the court of the above criminal case by denying the crime of this case by the defendant, and the defendant appeared to have been present at the court of the court of the court of the court and testified again until the court of the court of the court of the court. The defendant's fraudulent complaint and the denial of the crime, etc. are seen to have suffered a considerable pain for a certain
However, the defendant recognized all of the crimes of this case when it comes to the trial for the defendant, against his mistake, and the confession statement of the defendant constitutes the necessary reduction or exemption grounds pursuant to Articles 157 and 153 of the Criminal Act, the crime of this case has already been committed for about two months, and the victim has already been compensated for a certain amount of money and has agreed to compensate for it to the victim in the trial for the first time (the payment of the amount of KRW 9 million agreement and the exemption of the victim's obligation to pay money) and the health situation are not good, and the family's livelihood with the above detention seems to be considerably difficult, and the same kind of criminal record and imprisonment are criminal records.