무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three months of imprisonment) is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to ten months of imprisonment by embezzlement, etc. at the Incheon District Court on April 18, 2013, and the judgment becomes final and conclusive on May 31, 2013. The crime that the lower court decided against the Defendant is in a concurrent relationship with the above crime for which judgment became final and the latter part of Article 37 of the Criminal Act, and is determined after examining whether to reduce or exempt punishment by taking into account equity in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Thus, the lower judgment is no longer maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court shall be changed to the first head of the judgment of the court below that "the defendant was sentenced to ten months of imprisonment with prison labor from the Incheon District Court on April 18, 2013 and is still pending in the trial of the court of final appeal at present on the same time as embezzlement, etc." and the summary of the evidence shall be changed to "the defendant was sentenced to ten months of imprisonment with prison labor from the Incheon District Court on April 18, 2013 and confirmed on May 31, 2013." The summary of the evidence shall be as stated in the corresponding column of the judgment of the court below except for adding "1. Criminal records inquiry, etc., and investigation report (Attachment to A which is a criminal complaint)" to "the summary of the evidence shall be cited as it is in accordance with Article 3
Application of Statutes
1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;
1. The latter part of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes;