무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (eight months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
As the Defendant led to the confession of the facts charged at the first trial date on November 10, 2017, the lower court should reduce or exempt the Defendant from the punishment in accordance with Articles 157 and 153 of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed ex officio as follows, on the ground that there is a ground for reversal ex officio as above.
【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and summary of the facts constituting an offense and summary of evidence are as stated in the 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 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 157, 153, and 55 (1) 3 of the Criminal Act mitigated by law;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of the recommended punishment [the scope of the recommended punishment] Category 1 (General Dismissal) in the mitigated area (one month to one year), [the person subject to special mitigation] in the self-denunciation, confession, and the compared scope of the recommended punishment: One month to one year;
2. The following points of the sentence of sentence are the circumstances favorable to the defendant.
There was no criminal punishment against the person who was innocent due to the act of false accusation.
In the trial, the Defendant led to the confession of the instant crime.
There is no record of punishment for the same crime.
On the other hand, the following are disadvantageous.
It is necessary to strictly punish crimes because they interfere with the judicial functions of the state.
In order to relieve debts, it is actively false.