무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The prosecutor appealed to the court below's punishment (three years of suspended sentence in the month of imprisonment with prison labor) too unfasible and unfair, and the defendant did not submit a written reason for appeal.
2. We examine ex officio the determination.
According to the records, on November 22, 2016, the Defendant led to confession at the court of the lower court before the judgment of the instant case became final and conclusive (the case was not prosecuted) with respect to the crime without accusation, and the lower court did not apply the necessary provision on reduction or exemption under Articles 157 and 153 of the Criminal Act with respect to the instant crime without accusation, and thus, the lower court is bound to reverse the judgment.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor’s unfair argument of sentencing, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 157, 153, and 55 (1) 3 of the Criminal Act mitigated by law;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: Not more than five years of imprisonment;
2. Scope of the recommended punishment on the sentencing guidelines: A confession within the mitigated area (one month to one year) by one year (the scope of the recommended punishment) from one month to one year (the scope of the recommended punishment).
3. The sentence decision defendant did not have the record of being punished for the same crime; the defendant led to confession of the case before the judgment of the case was finalized; the defendant does not want the punishment of the defendant; the defendant's age, sex, environment, motive and consequence of the crime; and other circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, motive and consequence of the crime; and the circumstances after the crime, were taken into account.