beta
(영문) 서울북부지방법원 2017.08.10 2017노1105

무고

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

The sentencing of the court below (10 months of imprisonment) is too unreasonable because of the summary of the grounds for appeal.

We examine the reasons for appeal by the defendant ex officio prior to the judgment.

Articles 157 and 153 of the Criminal Code provide that the punishment shall be mitigated or remitted in cases where a person who committed an offense without a complaint makes a confession or receives a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive.

In the past, the Defendant was led to the conviction of the instant accusation, and the judgment, etc. against F, who was subject to the accusation on record, became final and conclusive.

Although there is no evidence to view, this constitutes a confession made by the Defendant before the judgment of the reported case became final and conclusive, and thus, the punishment should be reduced or exempted in accordance with Articles 157 and 153 of the Criminal Act. Therefore, the judgment of the court below was impossible to maintain in this respect.

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 unfair argument for sentencing, and the judgment of the court below is reversed and it is decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is as follows. The summary of facts constituting an offense and evidence is cited in accordance with Article 369 of the Criminal Procedure Act, in addition to the judgment below’s finding “1. Defendant’s partial statement” as “1. Defendant’s only as “legal statement at the trial of the court of the court of the court of the first instance.”

Application of Statutes

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Articles 157, 153, and 55(1)3 (Confession) of the Criminal Act, which appears to have suffered mental pain for a considerable period of time, appears to have been caused by the Defendant’s false accusation of the reason for sentencing under Articles 157, 153, and 55(1)3 (Confession) of the Criminal Act, and therefore, the Defendant committed the instant crime at a disadvantage