무고등
The judgment below
The guilty part shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and two months.
1. The lower court’s scope of the trial for the first instance is that of assault against the Defendant among the facts charged in the instant case, dismissed the prosecution as to the remaining facts charged, and that the part of dismissing the public prosecution which was not appealed by the prosecutor as to the conviction was finalized upon the expiration of the period of appeal. Thus, the lower court’s judgment is to be tried only for the convicted portion of
2. Summary of grounds for appeal;
A. The court below found the Defendant guilty of all of the facts charged of this case even though the Defendant filed a complaint against E because of the fact that the Defendant actually faced with E, and the Defendant did not collect the money by inducing E or threatening C merely for medical expenses. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
3. Determination
A. Prior to the judgment on the grounds for appeal by the defendant ex officio, if a person who committed an offense without judgment, makes a confession before the judgment or disciplinary action on the reported case becomes final and conclusive (Articles 157 and 153 of the Criminal Act), the punishment shall be mitigated or exempted (Article 157 and Article 153 of the Criminal Act). As to the procedure of confession as above, there is no legal limitation as to the procedure of confession, and it is not only the confession that the defendant or suspect of an accusation case was a false fact before attending again at the court dealing with the reported case as a witness, but also the confession by examination at the court or an investigative agency as the defendant or suspect of the accusation case is included in the concept of the above confession, and further, if the defendant was led to a confession before the judgment or disciplinary action on the reported case becomes final and conclusive, the confession shall be reversed and the fact that the confession
Even if it is possible to apply the above Article, there is a disability.