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(영문) 부산지방법원 2018.09.20 2018노2906

무고등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence of the court below (10 months of imprisonment) against the defendant on the summary of the reasons for appeal is too unreasonable.

2. The Defendant made a false statement to an investigative agency to the effect that he interfered with the restaurant business of the victim D for about 30 minutes, and that F used his assault to himself, and in light of the content of the crime, there is heavy criminal liability, multiple violent crimes committed against the Defendant, and the Defendant committed the instant crime again without being aware of it during the period of repeated offense, and the circumstances unfavorable to the Defendant are recognized.

However, in light of the fact that the defendant made a confession of all the crimes of this case including the fact that it was in the first instance trial, and that the defendant made an agreement with the victim D in the original trial, and that the F did not want to be punished against the defendant, that the F was not prosecuted or punished due to the defendant's accusation, and that the whole circumstances constituting the conditions for sentencing as shown in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., the sentence of the court below against the defendant is too unreasonable.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 156 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 157, 153, and 55(1)3 of the Criminal Act (in the event of confession, the crime of false accusation is committed) of the Criminal Act mitigated by law.