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(영문) 인천지방법원 2013.11.22 2013노2623

무고

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The sentence imposed by the court below on the accused (eight months of imprisonment) is too unreasonable.

2. The crime of false judgment not only interferes with the proper exercise of the State's criminal or disciplinary power, but also the individual who intends to be subject to criminal punishment or disciplinary punishment requires strict punishment, and the defendant seems to have suffered from a considerable mental suffering during the investigation period due to the defendant's without prison labor. The defendant's intent to punish the defendant up to the trial period is against the defendant's unfavorable circumstances, or the defendant's confession and reflects the crime of this case at the investigation stage, and thereby the defendant did not actually receive unfair punishment. In full view of other favorable circumstances such as the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, etc., the above argument of unfair punishment is reasonable, since the punishment imposed by the court below is somewhat unreasonable.

3. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed and it is decided again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Statutory mitigation (self-confluence) under Articles 157, 153, and 55 (1) 3 of the Criminal Act;