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(영문) 창원지방법원 2020.04.24 2019노2637
무고등
Text

Of the convictions of the lower judgment, the crime of No. 2 of the 2019 order202 case and the crime of the 2019 order order1048 case are committed.

Reasons

1. The court below dismissed the prosecution concerning intimidation among the facts charged in this case, and sentenced the remaining facts charged, and only the defendant appealed against the guilty part of the judgment below on the grounds of unfair sentencing as follows. Thus, the part of the judgment below dismissing the above public prosecution which the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal is that the lower court’s punishment (the first offense of the 2019 Highest 202 case: Imprisonment with prison labor for four months, suspended execution for one year, the second offense of the 2019 Highest 202 case and the second offense of the 2019 Highest 1048 case: imprisonment with prison labor for eight months) is too unreasonable.

3. Ex officio determination (the part concerning the second crime of 2019 order202 and the second crime of 2019 order order1048) is deemed ex officio prior to the judgment on the grounds for appeal.

Articles 157 and 153 of the Criminal Act provide that if a person who committed an accusation voluntarily surrenders himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive, the confession prior to such a final and conclusive judgment shall be mitigated or exempted from the punishment. Article 153 of the Criminal Act provides that “before a final and conclusive judgment becomes final and conclusive” includes the following cases: (a) as a result of the investigation of the accused case, the prosecution against the accused is revealed, and the prosecution against the accused is instituted, and a decision not to prosecute the accused is made and the trial proceedings are not commenced (see, e.g., Supreme Court Decision 2018Do7293, Aug. 1, 2018). According to the records of the instant case, although the Defendant denied the facts charged regarding the non-prosecution of the case at the lower court, the Defendant led to the conviction of this part of the facts charged at the trial, but the fact that the decision not to prosecute the Defendant F and B, who filed a complaint against F and B, was not established.

Therefore, in the trial, the defendant's accusation is against the defendant.

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