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(영문) 광주지방법원 2017.06.20 2016노2790
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

1. The gist of the grounds for appeal asserts that the punishment of the court below is too unreasonable, while the prosecutor asserts that the sentence of the court below is too uneasible and unfair.

2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the court below became unable to be maintained, on the ground that there was a necessary cause for reduction or exemption of punishment under Articles 157 and 153 of the Criminal Act by making a confession of the instant accusation at the time when the Defendant was in the trial.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, 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 this court is as shown in each corresponding column of the judgment below, except for adding “Defendant’s legal statement” to the column of the evidence of the judgment below, and thus, it is also cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157 and 153 of the Criminal Act for statutory mitigation;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime of this case where the defendant was in danger of being unfairly punished due to the dismissal of a person who is in danger of being in danger of being punished, and in particular, the criminal justice function of the state is obstructed. In light of the fact that the defendant was in danger of being raped by a person who is in danger of being

On the other hand, the defendant recognized the crime of this case until before the crime of this case was committed. There was no record of crime against the defendant until before the crime of this case was committed.

In addition to these circumstances, the defendant's age, sex, environment, circumstances of crimes, and crimes shown in the records and arguments of this case.

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