무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. Considering the judgment, it is necessary to strictly cope with crimes that interfere with the appropriate exercise of the judicial or disciplinary authority of the State, as well as criminal punishment or disciplinary action against individuals who want not to be subject to criminal punishment or disciplinary action.
In this case, the defendant tried to avoid the crime in an intentional and planned manner, and the responsibility for the crime is not somewhat weak.
However, in full view of all matters pertaining to the sentencing specified in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the instant crime, the Defendant’s punishment is somewhat unreasonable, and its assertion is reasonable, inasmuch as it is determined that the Defendant’s punishment is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Dao-written judgment] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as stated in the judgment of the court below, except for adding "1. The defendant's oral statement at the court below" to the summary of the evidence of the court below, and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;
1. The sentence shall be determined as ordered in full view of the factors of sentencing prior to the reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for reversal in the preceding sentence).