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(영문) 부산지방법원 2015.01.09 2014노3396
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, pursuant to Articles 157 and 153 of the Criminal Act, if a person who committed an offense without accusation under Article 156 of the Criminal Act voluntarily surrenders himself/herself to the confession or voluntarily surrenders before the judgment or disciplinary action on the case on which a false fact was reported, the punishment shall be mitigated or exempted. However, in the court below, the Defendant, while denying the offense of this case, led to the confession of the offense of this case at the court below, and the Defendant made a disposition of non-prosecution with respect to the High J or F, and it is evident that he/she

Therefore, according to Articles 157 and 153 of the Criminal Code, the punishment for the defendant is to be mitigated or exempted as necessary, so in this respect, the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

Punishment of the crime

The summary of the criminal facts against the defendant recognized by this court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. The defendant's oral statement in court;

1. Each statement of the witness J, F, and I in the third trial records by the lower court;

1. Results of requesting the document appraisal to the National Scientific Investigative Research Institute of the original court;

1. A criminal investigation report (Submission of suspectF evidentiary materials);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The crime of false accusation in the grounds for sentencing under Articles 157, 153, and 55(1)3 (self-conscept) of the Criminal Act is merely a violation of the function of the State’s criminal justice.

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