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(영문) 의정부지방법원 2017.11.28 2017노2763
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

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

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

A. According to Articles 157 and 153 of the Criminal Act, when a person who committed an accusation under Article 156 of the Criminal Act leads himself/herself to confession or surrenders himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted. As such, confession prior to the final and conclusive judgment constitutes a requisite mitigation or exemption of punishment.

In addition, there is no limitation on the procedure of confessions as above, and thus, there is no statutory limitation on the procedure of confessions, and thus, it is found that the defendant or suspect of a case was present again at the court dealing with the case as a witness to the agency dealing with the case that he reported, and that his report was false before being present at the court dealing with the case, and that the confessions by the court or investigation agency was also included in the concept of confessions (see, e.g., Supreme Court Decisions 2012Do2783, Jun. 14, 2012; 2016Do10418, Sept. 8, 2016). (b) According to the records, the facts charged by the defendant was revealed in the course of investigating the case of accusation against F, and the facts charged by the defendant are acknowledged on July 17, 2017 by recognizing all of the facts charged in this case at the prosecutor's office and the second trial of the court below.

In this regard, the lower court erred by omitting the necessary reduction or exemption measures of punishment, even though the Defendant should be subject to the necessary reduction or exemption of punishment pursuant to Articles 157 and 153 of the Criminal Act.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows after pleading.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.

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