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(영문) 광주지방법원 2018.12.05 2018노2025

무고

Text

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 became final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

When a person who committed a crime without accusation voluntarily surrenders himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted (Articles 157 and 153 of the Criminal Act). The Defendant recognized the facts charged in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial and the criminal case against the person who was not accused was not prosecuted. As such, the necessary punishment against the Defendant ought to be mitigated or exempted in accordance with Articles 157 and 1

Therefore, the judgment of the court below cannot be maintained as it is.

3. In conclusion, 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 of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted 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. 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 mitigate confessions;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the sentence for recommendation [the scope of the recommended sentence] Class 1 (General Dismissal) area (one month to one year) (the person subject to special mitigation] self-denunciation and confession;

2. A favorable circumstance is that the Defendant’s decision on the sentence recognized the instant crime in the first instance, the primary offender, and the intellectual ability appears to be lower than ordinary people, and that the instant complaint did not lead to criminal punishment against a person who is not subject to criminal punishment because it is not acknowledged as a person under suspicion.

However, it is appropriate to exercise the criminal justice of the State.