무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. As to the summary of the grounds for appeal (five months of imprisonment), the prosecutor asserts that the prosecutor is too unhued and unreasonable, and the defendant asserts that it is too unreasonable.
2. We examine ex officio the determination on the assertion of unfair sentencing by both ex officio determination parties.
According to Articles 157 and 153 of the Criminal Act, in a case where a person who committed a false crime voluntarily surrenders himself/herself prior to a judgment or disciplinary action on a case on which a false fact was reported, the punishment shall be mitigated or remitted. Article 153 of the Criminal Act provides that “before a judgment becomes final and conclusive” includes cases where, as a result of the investigation of a defendant’s accusation case, the prosecution against the defendant is discovered as a result of the investigation of the defendant’s accusation and the prosecution against the defendant is instituted, a decision not to prosecute the defendant and the trial procedure has not been initiated (see, e.g., Supreme Court Decision 2018Do7293, Aug. 1, 2018). According to the records, the trial procedure with respect to D, which is the defendant who was the defendant who filed a complaint for fraud, was not initiated, and although the defendant denied the facts charged in the court
Therefore, the judgment of the court below cannot be maintained in this respect, since there have occurred a reason to reduce or exempt the punishment for the defendant in accordance with Articles 157 and 153 of the Criminal Code.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and the judgment below is again decided as follows after hearing.
【Reasons for the Judgment in 201Da446, Apr. 1, 201). The summary of the evidence in the judgment of the court below is the same as that of each corresponding column of the judgment of the court below, except where “1. Defendant’s trial statement” is added to the first head.