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(영문) 창원지방법원 2015.10.21 2015노2186

무고

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for four months;

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment imposed by the court below (six months of imprisonment) is too unreasonable.

2. In the lower court’s ex officio determination, the Defendant led to the confession of the crime of false accusation against G among the facts charged in the instant case, and the Defendant led to the confession of the crime of false accusation against F among the facts charged in the instant case.

However, according to Articles 157 and 153 of the Criminal Code, with respect to each of the crimes of this case led to the confession of the defendant, the punishment against the defendant should be mitigated or exempted as necessary, and the judgment of the court below which failed to take into account the above should no longer be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant on the grounds of ex officio reversal, and the judgment below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to the summary column of the evidence as to the 2015 Highest 186 case among the reasoning of the lower judgment, the summary of the facts charged and the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the facts constituting the crime;

1. Statutory mitigation under Articles 157, 153, and 55 (1) 3 of the Criminal Act;

1. The crime without reason under the former part of Article 37, Article 38(1)2 and 38(1)3, and Article 50 of the Criminal Act aggravated concurrent crimes is a crime that undermines the criminal justice function of the State and causes an incompetent person to be at risk of unfair criminal punishment, and thus, is highly likely to be subject to criticism. The defendant, without any particular reason, brought G, who was a police officer in charge of the case of complaint, and even if he was punished as a false crime and had been punished as a false crime for such crime, even if he had been in the period of repeated crime resulting therefrom, it is not good that the crime is committed again, and it is also heavier.