logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.11.11 2014노2573
무고등
Text

All the judgment below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the first judgment: the fine of 1.5 million won, the second judgment: the fine of 1.5 million won) declared by the court below against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first court sentenced the defendant to a fine of KRW 1,50,000,000 and KRW 1,000,000,000,000,000,000,000,000,0000,0000,000,000,0000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and it is again decided as follows through oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense and Article 311 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the false accusation against D with the heavier concurrent crimes and the heavier concurrent crimes);

1. Selection of each alternative fine for punishment;

1. Articles 157 and 153 of the Criminal Act, which are statutory mitigation;

arrow