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(영문) 제주지방법원 2013.08.29 2013노300
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentencing of the lower court (one year of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, Articles 157 and 153 of the Criminal Act provide that if a person who committed an act without accusation makes a confession or acceptance of a person, prior to the judgment or disciplinary action on the reported case, the punishment shall be mitigated or exempted. According to the records, G, who is not prosecuted, was found to have led to the confession of the act without accusation in this case on the date of the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial, and the defendant is recognized to have led to the confession of the act without accusation in this case, the punishment shall be mitigated or exempted in accordance with Articles 157 and

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing according to the conclusion, and the following is again decided after oral argument.

[Dao-written judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court, and the summary of the evidence, are as shown in each corresponding column of the judgment below, in addition to changing the "1. Part of the defendant's court statement" to the "1. The defendant's court statement" in the summary of the evidence and deleting the "1. Part of the prosecutor's office protocol against the defendant" in the "1. The defendant's prosecutor's office protocol" is cited as it is in accordance with

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. The crime of false accusation in sentencing under Article 62(1) of the Criminal Act is committed in violation of the State’s criminal justice function actively, and there is a need to strictly punish a person who is in danger of unfair criminal punishment, and the defendant is convicted of having been convicted of having not been G, etc. on one occasion.

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