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(영문) 광주지방법원 2014.03.27 2014노247

무고

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is a crime that harms the state's proper criminal justice authority, causes victims to be at risk of unfair criminal punishment, and is highly likely to be subject to criticism. In particular, the crime of this case is deemed to have committed a crime of this case, and there is a need to strictly punish the defendant to conceal his own illegal act, and it seems that the defendant has recognized and against his mistake. The defendant has no record of punishment for the same kind of crime, and considering all kinds of sentencing conditions of this case, such as favorable circumstances, such as the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, etc., the sentence imposed by the court below is somewhat inappropriate, and the defendant's assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

Since the facts charged by this court are the same as the corresponding column of the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. The defendant's oral statement in court;

1. Examination protocol of the suspect of G by the prosecution;

1. A complaint;

1. The application of Acts and subordinate statutes of the recording book;

1. Relevant Articles of the Criminal Act and Articles 156 and 30 of the Criminal Act concerning the crimes;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;