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(영문) 의정부지방법원 2016.09.23 2016노1409
무고
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is that the punishment (five million won a punishment) imposed by the court below is too unreasonable and unfair (the defendant explicitly withdraws his assertion of mistake on the date of the first trial of the trial of the court below). 2. The crime of false judgment is a crime which harms the nation's criminal judicial function and is likely to be subject to an unfair punishment by causing a person who is in danger of being subject to unfair punishment, and thus requires strict punishment. In light of the method and content of the crime in this case, the liability for the crime in question is not easy, and the fact that the person is prosecuted due to the complaint in this case is subject to prosecution due to the complaint in this case is disadvantageous to the defendant.

However, when considering various circumstances, such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime of this case, circumstance after the crime of this case, and criminal record and change theory, it appears that the defendant had committed the crime of this case due to the fact that the dispute over the person against whom the defendant had not been tried was committed, which led to the complaint of this case due to the fact that there were some circumstances to consider the circumstances, and that the contents of the complaint of this case were likely to be somewhat and somewhat arguable by legal principles, such as the fact that the defendant was the first offender who had no record of criminal punishment before the crime of this case, and other favorable circumstances, such as the defendant's age, sex behavior, environment, motive and circumstance, means and consequence of the crime of this case, circumstances after the crime of this case, and criminal record, etc., the punishment of the defendant sentenced by the court below is unfair.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is as follows: (a) the summary of the evidence added “1. Defendant’s trial testimony at the trial court” to the summary of the evidence of the court below, and is recorded in each corresponding column of the court below.

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