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(영문) 수원지방법원 2017.12.01 2017노3609

무고

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. The reasoning for appeal is that the lower court’s punishment (three million won in penalty) is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to judgment.

If a person who committed a crime without prison labor makes a confession before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted, and according to the records, the defendant can be found to have led to the confession of the facts charged in this case before the disciplinary action against B against the person without prison labor becomes final and conclusive, and in accordance with Articles 157 and 153 of the Criminal Act, a sentence shall be imposed against the defendant in such a way as to determine the applicable punishment within the scope of the term of punishment, which is necessary to be mitigated or exempted pursuant to the provisions of Articles 157 and 153 of the Criminal Act, but the court below did not take such measures

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 facts and evidence recognized by the court is identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act and the choice of fines for criminal facts, Article 156 of the Criminal Act and the choice of fines;

1. Statutory mitigation (Confession) Articles 157, 153, and 55 (1) 6 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the nature of the crime is not weak by reporting false facts for the purpose of having the person under consideration be subject to disciplinary action under favorable circumstances, such as the confession and reflect of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that there is no criminal punishment, and that the crime of false accusation is committed by the State.