(영문) 대전지방법원 2020.10.14 2020노2729 | 리걸엔진

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(영문) 대전지방법원 2020.10.14 2020노2729

무고

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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.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. In light of the judgment, the lower court, as stated in its reasoning, determined the above sentence on the ground of unfavorable sentencing against the Defendant.

However, in addition, considering the Defendant’s age, character and behavior, family environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., all of the sentencing conditions specified in the records and arguments of this case, such as the Defendant’s age, character and behavior, family environment, motive, means and consequence of the crime, as well as the fact that the Defendant was denied by the lower court for the first time in the first time with no criminal history, and that it is against the Defendant’s wrongness, and that the Defendant was not punished against the Defendant by mutual agreement with the person under no charge.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Discrimined Judgment】 The facts constituting a crime and the summary of the evidence recognized by the court, and the summary of the evidence, are as follows: (a) the first instance court’s “the Defendant’s partial statement” in the summary of the evidence as “1. The Defendant’s oral statement” in the judgment of the court below is the same as the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

참조조문

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