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(영문) 부산지방법원 2018.01.18 2017노4204
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The crime of this case was brought about by rape, coercion, similar rape, etc. even though the defendant had sexual intercourses under several agreements with the non-suspected D, and thus, the crime of this case is a serious crime that undermines the national criminal justice function.

However, considering the fact that the defendant recognized the crime of this case, the risk of criminal punishment due to the defendant'sless crime is not realized because the defendant was not prosecuted as a result of the investigation, and the risk of criminal punishment due to the defendant'sless crime is not realized, at the court below, the defendant deposited 3 million won for the defendant for the defendant'sless person, and at the court below, the defendant did not want the punishment of the defendant, and at the court below, the defendant's primary offender is different from the defendant's age, sexual behavior, environment, etc. and other various conditions of sentencing as shown in the records and changes theory of this case, the sentence sentenced by the court below is unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Reasons for sentencing under Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] Class 1 (General Dismissal) [the person subject to special mitigation] self-denunciation and confession [ the scope of the recommended punishment] mitigated area (one month to one year);

2. The decision of the sentence shall be made in the same manner as the order, taking into account these circumstances in the reasons for reversal of the sentence.

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