무고
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for ten months.
1. The gist of the grounds for appeal is that the respective sentence of the court below (the fine of KRW 7 million is imposed on the defendant A, the imprisonment of KRW 1 year, the suspended execution of the sentence of KRW 2 year, the probation and the community service work of KRW 120,000) is too uneasible
2. The fact that the Defendants were led to the instant crime, that there was no same power, and that H, who intended to be avoided, wanted to take the Defendant’s measures against the Defendants is favorable to the Defendants.
However, the crime of false accusation is a crime that impairs the proper trial function of the State penal authority and causes an unqualified person to be subject to unfair criminal punishment. Defendant A was sentenced to 4 years of imprisonment on June 20, 2008 by the Incheon District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Customs Act, and repeated the crime of this case on August 6, 201 and without being aware of at least during the repeated crime. Defendant B had the record of criminal punishment several times. Defendant B had been aware that Defendant B had a female living together with Defendant B, during the flooding period, was humping off his property, and had been subject to investigation by Defendant B, who had been under the jurisdiction of the company E, and had been under the control of the investigation authority about the crime of larceny. In light of the aforementioned fact, Defendant A conspiredd with G to the effect that “I had been under serious hostile relation with F, the manager of scrapped land, and caused considerable harm to H, and thus, Defendant A conspiredd with the investigation authority about the crime of larceny and gave consent thereto.”