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(영문) 수원지방법원 2017.09.22 2017노4732
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, the defendant led to the trial, and led to confession of the facts charged of the instant accusation.

Therefore, according to Articles 157 and 153 of the Criminal Code, the judgment of the court below can no longer be maintained since the punishment against the defendant should be reduced or exempted as necessary.

3. The judgment of the court below is reversed ex officio on the ground that there is a ground for reversal of the above authority, and the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

[Re-written judgment] The facts constituting an offense and the summary of the evidence acknowledged by the court and the summary of the evidence are as stated in the judgment of the court below, except for adding “1. Defendant’s legal statement” to the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act in relation to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

1. The reason for sentencing under Article 157, Article 153, and Article 55 (1) 3 of the Criminal Act for statutory mitigation is that the defendant led to the conviction of the facts charged in this case, and his mistake is divided, and that the defendant did not have any criminal record of being punished for the same kind of crime and there is no criminal record of being punished heavier than the fine, the defendant is aged, the defendant is aged, the defendant is aged, the person with disabilities in Grade 5, the health of the defendant is deemed to be very poor, the defendant's family and person want to take the preference against the defendant, and the fact that the defendant's family and person who is not the defendant's family and person who is not the defendant's family have not actually been prosecuted or has not been punished with any content of punishment.

On the other hand, the following are the same.

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