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(영문) 대전지방법원 2018.11.21 2018노429
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unhued and unfair.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, in a case where a person who committed a false accusation reported a false fact or voluntarily surrenders himself/herself before the judgment or disciplinary action becomes final and conclusive, the punishment shall be mitigated or exempted (Articles 157 and 153 of the Criminal Act). According to the records, the defendant was not prosecuted D and G, and the defendant may recognize the fact that he/she led to the confession of each of the crimes of this case. Thus, the punishment against the defendant shall be determined after the necessary mitigation or exemption pursuant to Articles 157 and 153 of the Criminal Act. In this respect, the judgment of the court below may no longer be maintained.

3. In conclusion, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading, on the ground that there is a ground for reversal ex officio as above.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated 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 legal provisions concerning facts constituting an offense, Article 156 of the Criminal Act, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The rationale for sentencing under Articles 157, 153, and 55(1)6 (Confession) of the Criminal Act that have been mitigated by law is that the defendant made a confession of each of the crimes of this case and is against himself/herself, and that the defendant was not prosecuted or punished in accordance with the defendant’sless act, etc. is favorable to the defendant.

On the other hand, there is a need to strictly punish crimes that cause confusion and incompetence in the judicial action of the State, and the defendant is finally confirmed.

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