무고등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The grounds of appeal (unfair sentencing) asserts that the Defendant is too unafford by imprisonment with prison labor (6 months) of the lower court, and that the prosecutor is too unafford and unfair by the lower court’s sentence.
2. The Defendant, ex officio after mitigation of a confession for a crime of false accusation, made a confession for a crime of false accusation at the court below, and there exist grounds for mitigation of punishment pursuant to Articles 157 and 153 of the Criminal Act. As such, each crime of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, is subject to one punishment pursuant to Article 38 of the Criminal Act, so the judgment of the court below cannot be maintained any more.
Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the two parties' unfair argument about sentencing, and the judgment below is ruled as follows through pleading.
【Grounds for the judgment in its entirety] The facts constituting a crime and summary of evidence recognized by the court in question and the summary of evidence are as follows: 【1. The Defendant’s partial statement in court” as “1. The Defendant’s original statement in court” as “1. The Defendant’s original statement in court” is identical to each corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 156 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions (with respect to the crimes of false accusation);
1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) even though the Defendant was punished by a fine by a traffic accident in 2016, he/she again committed the instant crime under a similar manual; and (b) in the process, he/she committed the instant crime by reporting false facts to another person; and (c) thereby, it is necessary to punish the Defendant who disturbed criminal justice procedures.
In addition, the defendant's statement attitude and victim's investigation was investigated by the investigation agency in the process of crime motive, investigation and trial.