무고등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
The sentence (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.
We examine the reasons for appeal ex officio prior to the judgment.
Articles 157 and 153 of the Criminal Act provide that the punishment shall be mitigated or remitted in a case where a person who committed an act of false accusation makes a confession or receives a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive. However, according to the records, the defendant's act of false accusation was not prosecuted, and the defendant was found to have led to a confession of this case on the first trial date on May 17, 2016. Thus, this constitutes the case where the defendant made a confession before the judgment on the reported case becomes final and conclusive, and thus, the punishment shall be mitigated or exempted as necessary pursuant to Articles 157 and 153 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.
On the other hand, the facts charged as to the accusation of this case and the facts charged as to the injury must be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below should be reversed in its entirety.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment of the court below is reversed and it is again decided as follows.
【Grounds for the Judgment to be used again] Criminal facts and summary of evidence recognized by the court, and summary of evidence, shall be cited in accordance with Article 369 of the Criminal Procedure Act, on the grounds that “1. Part of the Defendant’s court statement” in the summary of evidence as “1. Defendant’s trial statement” is the same as that of each corresponding column of the judgment of the court below, except for the case where “1. Defendant’s court statement” was used in the
Application of Statutes
1. Relevant Article 257(1) of the Criminal Act, Article 156 of the Criminal Act, and Article 156 of the Criminal Act, and Article 257 of the choice of punishment for the crime.