무고
The judgment of the court below is reversed.
Defendant shall be punished by a fine of four million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (two years of suspended execution for four months of imprisonment, and forty hours of community service) is too unreasonable;
2. The instant crime is a crime that impairs the State’s appropriate criminal justice authority and causes the victim to be subject to a risk of unfair criminal punishment. In particular, the instant crime was committed by the Defendant due to the Defendant’s Chok H, who mediated the transaction between the Defendant and the victim, resulting in the Defendant’s property damage. In light of the fact that the Defendant was unaware of the victim in mind, and the nature of the instant crime was bad, etc., at a disadvantage.
However, considering the favorable circumstances, such as the fact that the defendant's mistake seems to have been recognized and reflected, the defendant has no record of being punished for the same kind of crime, there is no record of being punished for more than a suspended sentence, and the defendant's conviction for the crime of this case, and the age, character and conduct, environment, the circumstances and result of the crime of this case, and all of the sentencing conditions in this case, such as the circumstances after the crime of this case, the sentence imposed by the court below is somewhat unreasonable, and therefore the defendant's argument is reasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as 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 and Article 156 of the same Act concerning criminal facts and the choice of fines;
1. Articles 157, 153 and 55 (1) 6 of the Criminal Act for mitigation of confessions;
1. Articles 70 (1) 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;