무고
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and two years of suspended execution) is too unreasonable;
2. Prior to the judgment on the grounds of appeal by the defendant, Articles 157 and 153 of the Criminal Act provide that "if a person who committed a crime without accusation makes a confession or accepts a person before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted." Thus, when the defendant has led to the conviction of the crime of this case, and the case against the defendant's deceased E and F is clearly determined and conclusive, the judgment of the court below cannot be maintained as it is, unless the punishment against the defendant is to be mitigated or exempted pursuant to Articles 157 and 153 of the Criminal Act.
3. Therefore, 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 evidence and the facts charged by the defendant and the summary of the evidence acknowledged by the court below are as stated in each corresponding column of the judgment below, except for the change of the "written statement of the defendant to the "written statement of the court below" in the summary of the evidence of the court below to the "written statement of the defendant at the court below". As such,
Application of Statutes
1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;
1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. The offense without reason for sentencing under Article 334(1) of the Criminal Procedure Act is a crime which impairs the nation’s criminal justice function and causes a person without reason to be subject to unfair criminal punishment, and is highly likely to be subject to criticism due to its poor nature.