무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of six months, the suspension of execution of two years, and the community service time of 80 hours) is too unreasonable.
2. Although the Defendant borrowed money from E, the crime of this case is deemed to have committed a false accusation by forging the certificate of borrowed money, and the nature of the crime is very poor. The crime of this case is a crime that seriously undermines the legal stability of the recipient and not only the appropriate exercise of the State’s penal authority, but also is a crime that seriously undermines the legal stability of the recipient and thus requires strict punishment.
However, there are more favorable circumstances such as the confession of the Defendant at the investigation stage of the instant crime, the depth of his mistake is divided, the civil conciliation has been established between the Defendant and E after the pronouncement of the lower judgment, the completion of the implementation according to the contents of the conciliation and the related disputes between the two appears to have been terminated, and there is no record of the same crime or crime exceeding the fine.
In addition, the sentence of the court below ordering a defendant to provide community service for 80 hours at the same time when considering the following conditions of punishment, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., in addition, the sentence of the court below ordering the defendant to provide community service for 80 hours at the same time is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column 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. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;
1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;
1. Suspension of execution;