무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. We examine ex officio prior to determining the grounds for appeal by the defendant.
When a person who committed a crime without accusation makes a confession before the judgment of the reported case becomes final and conclusive, the punishment shall be mitigated or remitted (see Articles 157 and 153 of the Criminal Act). However, according to the records of this case, the defendant's accusation against D in the course of investigation of the case for which the defendant filed a complaint for a special assault or bodily injury was terminated by the disposition "non-suspect of suspicion" on July 18, 2017. Meanwhile, the defendant may be acknowledged as having led to a non-suspect accusation, and the defendant was led to a confession of the crime of this case at the first trial date of January 17, 2018. This constitutes a confession before the judgment of the reported case becomes final and conclusive, and thus, the judgment of the court below may no longer be mitigated or exempted pursuant to Articles 157 and 153 of the Criminal Act.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column 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. The reason for sentencing under Articles 157 and 153 of the Criminal Act, and Article 55(1)3 of the Criminal Act is not only violation of the State’s legitimate judicial action, but also violation of the State’s legitimate risk of criminal punishment, and the nature of the crime is good.