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(영문) 서울중앙지방법원 2012.12.21 2012노2770
무고등
Text

The judgment of the first instance shall be reversed.

Defendant

Imprisonment with prison labor for A and for a period of one year and nine months, and that for Defendant B, shall be punished.

Reasons

1. The summary of the grounds for appeal: (a) Articles 157 and 153 of the Criminal Act provide that the punishment shall be mitigated or exempted in cases where a person who committed an act of false accusation makes a confession or acceptance prior to the judgment or disciplinary action of the reported case becomes final; (b) in the crime of false accusation, a confession constituting the grounds for necessary reduction or exemption of punishment refers to a person who has reported false facts to a public office or a public official for the purpose of having another person subject to criminal punishment or disciplinary punishment; and (c) simply if such reported matters are deemed to be inconsistent with objective facts, it does not constitute an act of merely recognizing that the reported matters are inconsistent with such objective facts (see, e.g., Supreme Court Decision 94Do755, Sept. 5, 195). However, since there is no legal restriction as to the procedure of confession, it constitutes a confession against the court having dealt with the reported case as a witness of the full bench, and thus, it constitutes a false fact contrary to the truth, and thus, constitutes a confession of the defendant or a suspect without criminal punishment before the court sentencing.

3. According to the conclusion, the judgment of the court of first instance has the grounds for ex officio reversal prior to the judgment, respectively.

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