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 summary of the grounds for appeal (two years of suspended sentence in the period of six months) that the court below sentenced the defendant was too unreasonable (the defendant and his defense counsel explicitly withdrawn the assertion of facts at the first trial date of the court below). 2. Articles 157 and 153 of the Criminal Act provide that if a person who committed a crime without accusation makes a confession or withdrawal before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted. According to the records, D was not prosecuted, and the defendant was recognized to have led to a confession of the crime without accusation at the first trial date of the court of the first instance on August 12, 2016, since this constitutes a confession before the judgment on the reported case became final and conclusive, it shall not be mitigated or exempted from punishment pursuant to Articles 157 and 153 of the Criminal Act (see, e.g., Supreme Court Decision 200Do384, Apr. 24, 2004).
3. As such, the judgment of the court below is reversed in accordance with 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.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: (a) except for the addition of “the Defendant’s oral statement at the trial court of 1.1” to “a summary of the evidence” as stated in the reasoning of the judgment of the court below, and thus, it is identical to the corresponding column of the judgment of the court below; and (b) thereby,
Application of Statutes
1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of
1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law (a confession, etc.);
1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.