업무방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
According to Articles 157 and 153 of the Criminal Act, when a person who commits an accusation under Article 156 of the Criminal Act surrenders himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted. As such, confession prior to the final and conclusive judgment constitutes a requisite mitigation or exemption of punishment.
In addition, there is no limitation on the procedure of confessions as to the procedure of confessions, and thus, it is hard to find that the Defendant or the suspect of the instant case appeared as a witness of the court dealing with the reported case or of the court dealing with the said case before being present again, and that his report was a false fact, and is also included in the concept of confessions (see Supreme Court Decision 2016Do10418, Sept. 8, 2016, etc.). In light of the above legal principles, the Defendant denied the instant accusations at the court below, but the Defendant recognized all the facts charged including the instant accusations at the first trial date at the court below, and thus, the Defendant ought to be mitigated or exempted from punishment in accordance with Articles 157 and 153 of the Criminal Act.
Therefore, among the judgment of the court below, the part of the crime of false accusation cannot be maintained, and the crime of false accusation and the crime of interference with affairs in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.
【Re-written judgment】 Summary of facts constituting an offense and evidence