무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unreasonable for the lower court’s punishment (two years of suspended sentence in October, and surveillance of protection).
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, Articles 157 and 153 of the Criminal Act provide that “If a person who committed an offense without accusation makes a confession or acceptance of a person, prior to the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted.” However, the Defendant led to the confession of the instant crime, and the case against the Defendant, for which it is obvious that he was subject to a non-prosecution disposition and the judgment became final and conclusive, the Defendant’s punishment against the Defendant shall be mitigated or exempted in accordance with Articles 157 and 153 of the Criminal Act.
In this respect, the judgment of the court below is no longer maintained.
3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is ruled as follows through pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are 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 to be mitigated by law;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] Article 1 of the mitigated area (one month to one year) / [the person who is specially mitigated] self-denunciation / confession / [the sentence] is not only actively infringing on the national criminal justice function of the country, but also it is a crime that causes the other party who has not committed the crime to be exposed to the risk of wrong criminal punishment, so the criminal investigation is not conducted as he/she intended.