무고 등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for ten months.
However, this judgment is delivered against Defendant B.
1. The summary of the grounds for appeal is that the Defendants were the first offender, the development of the teaching society, etc., and the service life was calculated by the Defendants, and the Defendants’ statements were too old and did not significantly affect the trial in relation to the perjury. In light of the above, the punishment imposed by the lower court against the Defendants (two years, respectively) is too unreasonable.
2. Although it appears that the Defendants suffered from the pain for a considerable period of time due to the instant crime committed by the Defendants, considering the following circumstances: (a) the Defendants were first offenders; (b) the Defendants were elderly; (c) the Defendants voluntarily withdrawn an appeal in a civil lawsuit with the E-ASEAN; (d) deposited total of KRW 241,728,766 for P; and (e) and all other circumstances constituting the conditions for sentencing specified in the instant pleadings, such as the Defendants’ occupation, character and conduct, family environment, etc., the sentence of the lower court is too unreasonable.
However, on March 24, 2009, Defendant A stated that Defendant A filed a complaint on the grounds that Defendant B filed a complaint, not the seller at the time of the police investigation, and Defendant A filed a complaint as the victim because he/she could not file a complaint. In light of the fact that: (a) the party to the sales contract of this case is the defendant A and the person who issued E a certificate of personal seal impression or receipt with respect to the forgery of private documents, and (b) the person who is in the most closely related relationship with the contents of the complaint as the above defendant is the above defendant; (c) even though the above defendant was the defendant, he/she appears to have filed the complaint of this case on the ground that he/she was the complainant; and (d) even though Defendant A withdrawn
The defendants' defense counsel asserts to the effect that there are grounds for the necessary reduction or exemption of punishment under Articles 157 and 153 of the Criminal Act since the defendants led to confessions by the defendants in the summary of pleadings submitted after the closing of pleadings. However, the confessions made by the defendants are irrelevant to and perjury.