무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
1. At the time of the appeal, the Defendant reported the knife in possession of C by a police officer entering a police station at the time of the appeal, and released the knife in accordance with C’s instructions, and notified C of the name of the police officer who assaulted C before, and there was no fact of threatening or threatening C in knife.
Therefore, C's testimony that the defendant threatened and threatened with knife at the time constitutes perjury.
In addition, CCTV video recording submitted by the prosecutor is intentionally deleted when the defendant explains the knife that he had entered the police station and was in possession of C.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
According to the records, the defendant was sentenced to imprisonment with prison labor for not more than eight months at the Seoul Southern District Court on July 1, 2016 and the judgment became final and conclusive on January 6, 2017.
The crime of false accusation and the crime of this case which became final and conclusive shall be sentenced to punishment for the crime of this case in consideration of equity in cases where a judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act with regard to concurrent crimes after Article 37 of the Criminal Act.
Therefore, the judgment of the court below cannot be maintained.
However, although there are reasons for reversal of authority above, the defendant's assertion is still subject to the judgment of this court, which will be examined below.
3. In full view of the evidence duly admitted and examined by the lower court and the first instance court as to the Defendant’s assertion, the following circumstances are recognized.
① C는 원심에서 증인으로 출석하여 피고인이 경찰서에 들어와 탁자 위에 칼이 들어 있는 비닐봉지를 쾅 소리가 나도록 내려놓으면서 “ 이게 무엇인지 아냐.
Hand-phones should not be opened unless they are displayed.
“ At the time, the Defendant was at any time in a situation in which he can take the knife in plastic paper at any time.”
The statement was made (see, e.g., 60, 62 of the trial records). E also appears as a witness in the court below.