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(영문) 대구지방법원 2015.05.01 2015노738
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where a person who committed a false fact-finding crime voluntarily surrenders himself/herself before a judgment or disciplinary action on a case on which a false fact-finding was reported, the punishment shall be mitigated or remitted (Articles 157 and 153 of the Criminal Act). Since the accused led to the confession of the instant crime in the trial court, and the criminal case against B and C, which the accused was not prosecuted, and it is obvious that he/she was finally determined by the trial, the judgment of the court below cannot be maintained unless the punishment against the accused is to be mitigated or exempted pursuant to Articles 157 and 153 of the Criminal Act.

3. Accordingly, 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, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment below, except for adding "1.1. defendant's oral statement" to the summary of the evidence. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act as to the facts constituting the crime;

2. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on any concurrent crime against C with heavier concurrent crimes).

3. Selection of sentence of alternative imprisonment;

4. The grounds for sentencing under Articles 157, 153, and 55(1)3 (a) of the Criminal Act (i.e., confession at the time of trial) of the Act were to obtain favorable results of fines in the relevant criminal trial by receiving a written agreement from the victims while the Defendant inflicted serious injury on the victims who are a good citizen on the grounds of minor trial expenses and did not provide sufficient recovery of damage.

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