무고등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
Articles 157 and 153 of the Criminal Code provide that the punishment shall be mitigated or remitted in a case where a person who commits an offense without a complaint surrenderss himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive.
However, at the first trial date of the trial, the Defendant led to the confession of the crime of false accusation among the facts charged in the instant case, and the Defendant was not subject to disposition of non-prosecution, and the judgment becomes final and conclusive is clear.
Therefore, there was a reason for the necessary reduction or exemption of punishment under Articles 157 and 153 of the Criminal Act against the defendant, and each of the crimes listed in the judgment of the court below is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as is [in the meantime, the defendant was led to the crime of perjury among the facts charged in the case at the first instance trial of the court, but this is a confession after the judgment of the case at the Daejeon District Court, Daejeon District Court, 2015 group 105 group 10545 group Ga, which was proved by the defendant, and thus, it is not subject to the necessary reduction or exemption.]3. Thus, the judgment of the court below is reversed ex officio grounds as above, and the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the judgment on the defendant's unfair
【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 156 of the Criminal Act, Article 156 of the Criminal Act, Article 152 (1) of the Criminal Act, and Article 152 of the Criminal Act, for the crime.