beta
(영문) 대전지방법원 2017.11.01 2017노1207

무고

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court’s sentence (two years of suspended execution in the month of imprisonment with prison labor, two years of suspended execution, and eight hours of community service order) is too unreasonable.

2. The fact that the offense of false judgment is highly likely to be criticized in that it interferes with the trial function and judicial function and causes obstruction to the court’s efforts to find substantial truth.

However, there are more favorable circumstances such as the fact that the accused was not actually prosecuted due to theless case by the accused, that the accused recognized the crime of this case, that there is no history of criminal punishment, that there is no history of criminal punishment, and that the accused does not want the punishment of the accused by mutual consent with the accused and the accused.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, various sentencing conditions shown in the instant pleadings, such as the circumstances after the crime, the lower court’s punishment is excessively unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as per Disposition in accordance with the reasons for sentencing.