무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The crime of false judgment is a situation unfavorable to the defendant, since it harms the judicial function of the State and the right to punish the State properly, and it is necessary to severely punish the victim, and the fact that it is not agreed with the victim, etc., are in need of strict punishment.
However, in the first instance before the judgment on the complaint case against the defendant was finalized, the confession of the crime of this case was made before the judgment on the complaint case against the defendant was finalized, there are some circumstances to take into account the circumstances of this case, such as the fact that the person under no duty was divorced in the process of teaching the defendant through the marriage information company, and assaulting the defendant, etc., and that the defendant was living under detention for one-month period, etc., are favorable or considered to the defendant.
In addition, considering the various sentencing conditions in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, background leading to the instant crime, means and result, the situation before and after the instant crime, and the scope of the recommended sentencing guidelines established by the Supreme Court Sentencing Committee, the lower court’s punishment is deemed unfair because it is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied reasoning of the judgment of the court below] Criminal facts and the summary of the evidence recognized by the court of this court, and the summary of the evidence, other than changing "1. Part of the defendant's court statement" to "1. The defendant's court statement" from the summary of the evidence of the court below, are the same as the corresponding column of the judgment of the court below. Thus, it is accepted as it is
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;