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(영문) 전주지방법원 2016.09.22 2016노547
무고
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. Articles 157 and 153 of the Criminal Act provide that the punishment shall be mitigated or remitted in cases where a person who committed an offense without a complaint makes a confession or acceptance of a victim before the judgment or disciplinary action on the reported case becomes final and conclusive.

In this case, the Defendant, explicitly from the original trial to the trial of the party, led to confessions including the criminal intent, and the trial, etc. has already become final and conclusive with respect to G of a person who is not on the record.

As there is no evidence to view, since this constitutes a confession before the judgment of the reported case became final and conclusive, the punishment should be reduced or exempted in accordance with Articles 157 and 153 of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained in this respect.

3. In conclusion, 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 of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant recognized the crime of this case and reflects it, the withdrawal of the complaint against the defendant by mutual consent between the defendant and the investigation stage, and the defendant has no record of punishment exceeding the same power or fine.

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