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(영문) 서울중앙지방법원 2018.01.18 2017노4243
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

1. The gist of the grounds for appeal is too heavy.

2. The crime without judgment is a serious crime that interferes with the appropriate exercise of the State’s criminal justice power and causes the risk of causing an unqualified person to be subject to unfair criminal punishment, and the corresponding punishment is required.

The nature of the crime in light of the motive and method of the crime in this case is bad.

However, in full view of the favorable circumstances such as college students and primary offenders, and other favorable factors such as the Defendant’s age, sexual conduct, environment, circumstances before and after the commission of the crime, etc., the lower court’s punishment is too unreasonable, as it is too unreasonable, in view of the following: (a) the Defendant made confession of the Defendant when he was under confinement for a considerable period of time; (b) the Defendant made a confession of the Defendant without prison labor; (c) the Defendant’s confession of the Defendant constitutes a necessary reduction or exemption reason under the Criminal Act; and (d) the Defendant submitted a written application to the court stating that he does not want the Defendant’s punishment.

Therefore, the defendant's argument of sentencing is justified.

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

Criminal facts

The summary of facts and evidence recognized by this court is as follows: The summary of the facts and evidence is as follows, except for addition of "the defendant's oral statement" in the column of the evidence of the court below.

Application of Statutes

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act mitigated by law;

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

1. It is so decided as per Disposition on the grounds of sentencing under Article 62-2 of the Criminal Code of the community service order.

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