무고
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.
2. The crime of false judgment is a crime that harms the nation's criminal justice function and imposes a risk of being subject to unfair punishment, and thus there is a high possibility of criticism, and thus, it is necessary to strictize it. The defendant is under suspension of execution due to the obstruction of the execution of official duties, etc., even though he was in the court due to the crime of injury, etc., the fact that the defendant is not aware of it, and is highly likely to be subject to criticism
However, taking into account the favorable circumstances such as the Defendant’s age, sex behavior, environment, method of crime, background, circumstance after the crime, criminal record and health conditions, etc., the sentence imposed by the lower court is unreasonable, in view of the following factors: (a) the fact that the Defendant was unaware of the Defendant’s accusation at the investigation stage, and the fact that the Defendant did not have a criminal prosecution; (b) the equity with the case where the first head judgment of the crime as indicated in the lower judgment should be judged simultaneously with the crime that became final and conclusive; and (c) the fact that there was no record of punishment for the same kind of crime; and (d) the health status was relatively insufficient.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided 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 crime and Article 156 of the Selection of Punishment Act;
1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law (a confession, etc.);
1. The Criminal Act dealing with concurrent crimes;