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(영문) 의정부지방법원 2013.09.06 2013노861

무고

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The crime of false accusation is a serious crime that causes the risk of illegal criminal punishment as well as actively infringing on the function of the national criminal justice system, and there is a need for strict punishment.

However, in full view of all the circumstances that include the Defendant’s age, character and conduct, environment, motive and means of the instant crime, the circumstances after the commission of the crime, etc., the lower court’s punishment seems to be somewhat unreasonable, and thus, the Defendant’s assertion is reasonable, inasmuch as it appears that the Defendant’s punishment is somewhat unreasonable.

3. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed and it is 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. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. As examined in the grounds for reversal of the reasons for sentencing of Articles 70 and 69(2) of the Criminal Act, the detention in the workhouse is also examined.

It is so decided as per Disposition for the above reasons.