무고
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The sentence (5 million won of fine) imposed by the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. On February 16, 2011, the Defendant committed the instant crime even though he/she was sentenced to a suspended sentence or a fine on 17 occasions in addition to imprisonment without prison labor for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at Seoul Southern District Court on 16, 201. The Defendant committed the instant crime. In addition to interfering with the appropriate exercise of the State’s criminal or disciplinary rights, and the Defendant’s attempt to commit the crime is not only a crime that interferes with the State’s criminal or disciplinary measures, but also requires a strict punishment due to the poor nature of the crime. On the other hand, the Defendant did not have the same criminal record, while the Defendant stated that he/she erred in the investigation agency on May 13, 2012, which was 3 days after the instant crime. Accordingly, the Defendant expressed his/her intention to obstruct the Defendant’s preference because he/she did not actually be punished unfairly, and considering all the records and arguments of this case, such as the Defendant’s age, character and conduct, circumstances, and result of the instant crime.
3. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed and it is decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 and Article 156 of the same Act concerning criminal facts and the choice of fines;
1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for confession, self-denunciation and mitigation;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;