무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
When a person who committed a false crime voluntarily surrenders himself/herself before a judgment or disciplinary action becomes final and conclusive in a case on which a false fact was reported, the punishment shall be mitigated or remitted (Articles 157 and 153 of the Criminal Act). The Defendant led to the confession of the instant accusation in the trial at the court below, and the Defendant was not prosecuted for a criminal case against C, and thus, is obvious that his/her judgment becomes final and conclusive.
Therefore, according to Articles 157 and 153 of the Criminal Code, the judgment of the court below cannot be maintained as it is because the punishment for the defendant is necessary.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as follows: “1. Part of the defendant’s court statement” in the summary of the evidence of the court below to “1. The defendant’s court statement” was changed to “1. The defendant’s court statement”, and thus, it is identical to each corresponding column of the court below’s judgment. Thus, it is cited as it is in accordance with
Application of Statutes
1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;
1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;
1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “instant crime”) is that the Defendant filed a false complaint with the aim of having C obtain criminal punishment, and the nature of the instant crime is not good in light of the background, method, and content of the crime. The instant crime of false accusation is committed.