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(영문) 서울서부지방법원 2018.09.20 2018노590
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months, the suspension of execution of two years, and the community service work 120 hours) is too unreasonable.

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

When a person who committed a crime without accusation voluntarily surrenders himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted (Articles 157 and 153 of the Criminal Act). The Defendant recognized the facts charged in the trial at 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 criminal case against the person who was not accused was not prosecuted. As such, the necessary punishment against the Defendant ought to be mitigated or exempted in accordance with Articles 157 and 1

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument, on the grounds that the judgment of the court below is reversed ex officio, and it is again decided as follows.

[Grounds for another judgment] The same as the corresponding column of the judgment of the court below on criminal facts and the summary of evidence.

Application of Statutes

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of false sentencing under Article 62-2 of the Social Service Order Criminal Act is a serious crime that infringes on the appropriate exercise of the State’s criminal justice authority and the interests of individuals not unfairly punished. The criminal committed by the Defendant’s false rape, etc. is a bad criminal in terms of a serious statutory penalty.

On the other hand, even though the defendant had expressed that he refused any longer gender relationship, it seems that he was involved in any contingent crime due to disregarding it by the accused.

It seems that the accused was not prosecuted, and the accused was aware of the crime in the trial, and the accused was able to reflect the mistake.

Now, 20 years of age has been committed.

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