무고
All appeals by the defendant and the prosecutor are dismissed.
The costs of the original judgment and the trial shall be borne by the defendant.
1. The summary of the grounds for appeal is that the Defendant is guilty of the lower judgment and constitutes a case where the lower court erred by misapprehending the facts and violating the statutes, thereby affecting the conclusion of the judgment.
The prosecutor is that the punishment prescribed by the court of the court below (10 months of imprisonment) is too unfluent and unfair.
2. The prosecutor filed an appeal against the judgment of the court prior to the remanding that acquitted the Defendant of the lower judgment or of the misapprehension of the legal doctrine, and the appellate court rendered a judgment of remanding the case upon receiving the appeal.
In other words, the defendant's assertion of innocence was rejected.
The judgment of remand rendered by the court of final appeal is binding upon the lower court (Article 8 of the Court Organization Act). There was no change in the relationship of evidence, which forms the basis of the judgment of remand, in the instant case.
In reviewing this case based on the evidence duly adopted and investigated, it is reasonable and acceptable to find the court below guilty of the facts charged in this case as stated in its holding.
We cannot accept the allegation that there was a misunderstanding of facts or a misunderstanding of legal principles affecting the judgment of the court below.
The crime of false accusation by the prosecutor is an act of actively infringing the nation's criminal justice function, and the other party is at risk of being subject to unfair criminal punishment.
Furthermore, the defendant had no witness for the purpose of obtaining a new trial on the conviction of bribery charges, and the defendant's criminal liability is not less complicated.
It also constitutes a repeated crime committed in the range of two months and not more than two months.
However, the defendant was innocent;
A It shall be taken into account that not prosecuted or punished by A, and that family members appeal their wife.
There is no record of other crimes except for a suspended sentence, a sentence of bribery acceptance, a sentence of one year, and a fine of 6 million won.
The court of the court below determined the defendant's punishment in consideration of the above various positive and negative circumstances.