무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
The defendant and defense counsel asserted that the judgment of the court below was erroneous, but withdrawn the above argument on the first day of this court.
2. The crime without judgment is not only actively infringing the criminal justice function of the State, but also is an offense that causes an innocent person to be subject to unreasonable criminal punishment, and thus requires strict punishment. In particular, even though the defendant himself/herself puts his/her seal on his/her letter of commitment, he/she filed a false accusation against the defendant with the forgery of a private document, and thus, he/she is highly likely to criticize the defendant actively, and accordingly, the defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant has suffered mental or physical suffering, such as receiving an investigation from an investigative agency on suspicion of forging a
However, when the defendant was in the trial, all of the crimes of this case are recognized and his mistake is found, the defendant's accusation is not prosecuted or punished, and the defendant's confessions without fault constitutes grounds for the necessary reduction and exemption of punishment under the Criminal Act. According to the records, the defendant withdraws all the remaining grounds for appeal except unfair sentencing on the first trial date of the court of first instance, and the purport of the withdrawal appears to be to be to be the confession of the facts charged of this case, except for punishment sentenced twice to a fine not exceeding twenty (20) years prior to the punishment, there is no criminal record, and there is no same record, and the fact that the defendant's health status is not good old.
In addition, considering all the sentencing conditions, such as the defendant's age, character and conduct, environment, background of the crime, and circumstances after the crime, which are shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable.
The defendant's assertion of unfair sentencing is justified.
3. Conclusion.