logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2017.01.26 2016노1210
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. It is necessary to punish the crime of false judgment to interfere with the appropriate exercise of the criminal jurisdiction of the State and to place the risk of causing an unqualified person to be subject to unfair criminal punishment.

In addition, the crime of this case is committed by the defendant two times or more, and the nature of the crime is not good.

However, in full view of all the circumstances, such as the fact that the respondent does not want the punishment of the defendant by mutual consent with the person who was in the first instance trial, the fact that there was no record of criminal punishment against the defendant, the defendant's age, sexual conduct, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc., the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

1. Article 40, and Article 50 of the Criminal Act of the Commercial Concurrent Crimes (Inter alia, the crimes of false accusation against D, E, F, and G);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

arrow