무고
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the penalty amounting to KRW 5,000,000) is too unreasonable.
2. The crime of this case by taking account of the following facts: (a) the Defendant submitted a false complaint to the public prosecutor’s office with the aim of having the Defendant punished for larceny, etc.; (b) the Defendant’s proper judicial function of the State is prejudicial to the State; and (c) the Defendant’s liability for the crime is not easy to impose criminal punishment.
However, when the defendant was found to have committed the crime of this case, the defendant made a confession of all of the crimes of this case and reflects his depth of the mistake, and the defendant conspiredd.
Since E had suffered from serious economic difficulties due to its lending the name of the vehicle to E, there are circumstances to take into account the circumstances of the instant case because E and its current financial liabilities are currently borne by E and E, and in order to avoid the crime, E wanting to take the Defendant’s wife against the Defendant, having no record of criminal punishment, and taking into account all other circumstances, such as the Defendant’s age, occupation, sex, environment, etc., which are the conditions for sentencing specified in the instant argument, the sentence against the Defendant is too unreasonable.
Therefore, the defendant's argument that the above sentencing is unfair is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to the column for the evidence, the summary of the facts charged and the evidence is identical to each corresponding column of the lower court’s judgment; and (b) thus, they are cited by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of
1. The punishment to be suspended;