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(영문) 의정부지방법원 2017.09.18 2017노2176

무고등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 18,000,000 won.

A fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (six months of imprisonment) is too unreasonable.

2. In that it is necessary to punish a person who interferes with the criminal justice function of the judgment state and puts the person in danger of unjust criminal punishment, it is necessary to punish him/her with severe punishment. The Defendant committed each of the crimes of this case even though he/she had been in the period of suspension of execution due to interference with the execution of official duties.

However, in full view of the following factors: (a) the Defendant recognized a criminal act; (b) the risk of criminal punishment against a person under consideration was not realized; (c) the degree of intimidation was agreed with a person under consideration or a victim; (d) the Defendant’s health condition was not much severe; (e) the judgment of imprisonment became final and conclusive; (b) the suspended execution (one year of imprisonment) seems to be too harsh; and (c) other factors of sentencing as indicated in the record, such as the means and result of the criminal act; (d) the circumstances after the criminal act; (e) the Defendant’s age; and (e) the Defendant’s age; and (e) the environment, etc., the sentence imposed by

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column 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 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 156 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Article 314(1) of the Criminal Act, the choice of fines for the crime;

1. Statutory mitigation (Confessions) Articles 157, 153, and 55 (1) 6 of the Criminal Act (with respect to non-prosecutions);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.