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Defendant
1. On A, the judgment of the court below concerning each of the offenses of false accusation in the judgment of the court below is hereby supported by the Ji-gu District Court.
Reasons
1. Summary of the Defendants’ grounds for appeal
A. In fact-finding, the Defendants did not jointly commit an injury to the victim O as stated in the facts charged (of note, 2017 Goyang-gu, 129) against the Punishment of Violences, etc. Act (joint injury) as indicated in the lower judgment.
B. The lower court’s punishment on the Defendants [Defendant A: Imprisonment with prison labor for each of the crimes of false accusation, and fines of KRW 4 million for the violation of the Punishment of Violences, etc. Act (joint injury) and fines of KRW 2 million for Defendant B] are deemed to be unreasonable, respectively.
2. We examine the judgment ex officio prior to the judgment on the grounds for appeal by Defendant A.
According to Articles 157 and 153 of the Criminal Act, in a case where a person who committed an offense without accusation voluntarily surrenders himself/herself before a judgment or disciplinary action on a case on which a false fact was reported becomes final and conclusive, the punishment shall be mitigated or remitted. Article 153 of the Criminal Act provides that “before a judgment becomes final and conclusive” in Article 153 of the Criminal Act includes cases where, as a result of the investigation of a case in which a defendant filed a complaint, a prosecution against the defendant is revealed in the accusation of the defendant, and a decision not to prosecute the defendant against the defendant, has been made and the trial procedure has not been initiated (see, e.g., Supreme Court Decision 2018Do7293, Aug. 1, 2018). Defendant A denied the crime to the effect that each of the instant complaints was not false at the investigation agency and the court below, but it is clear that the entire accusation was made against each of the instant crimes, and that the judgment on each of
Therefore, since there have occurred a cause for the necessary reduction or exemption of punishment against Defendant A’s each of the crimes of false accusation in the trial, the part concerning each of the charges of false accusation in the judgment of the court below against the above Defendant cannot be maintained as it is.
【Violation of the Punishment of Violences, etc. Act against the above defendant (In the case of joint injury, the above offense and the Criminal Act).