logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.06.03 2016노139
무고등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

The gist of the reasons for the prosecutor's appeal is that the sentence of the court below that sentenced the defendant to a fine of 10,000,000 won is too uneasible and unfair.

Before determining on this, the judgment of the court below is reversed in its entirety, since the defendant led to the confession of the crime without prison labor in the court of the court of the court below, the punishment should be reduced or exempted in accordance with Articles 157 and 153 of the Criminal Act. However, the judgment of the court below which limited it cannot be maintained. Since each crime in the judgment of the court of the court below was sentenced to one punishment in relation to concurrent crimes in the former part of Article 37 of the Criminal Act, the judgment of the court

Therefore, the judgment of the court below is reversed ex officio pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act, and the judgment is again ruled after pleading as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 (1) of the Criminal Act (the point of interference with business), Article 156 of the Criminal Act (the point of interference with business), Article 136 (1) of the Criminal Act (the point of interference with the performance of public duties) of the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (with respect to a crime of obstructing the performance of official duties);

1. Selection of each alternative fine for punishment;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act (in relation to the crime of false accusation, confession) of the said Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the Defendant’s crime of this case interfered with the business of taxi engineers and reported false facts under the influence of alcohol, and assaulting and threatening police officers. As such, the Defendant already had the record of punishment for the same kind of crime, etc. over several times, and the Defendant committed the instant crime without being aware of having been sentenced to imprisonment.

arrow