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(영문) 창원지방법원 2018.08.30 2018노867
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

Reasons

1. The decision of the court below (two months of imprisonment and one year of suspended execution) is too unfluened and unfair.

2. Determination is more advantageous to the fact that the Defendant recognized the instant crime, against the fact that the accused was not prosecuted or punished due to forced indecent conduct or rape, and that there was no record of the same kind of crime.

However, the crime of this case reported false facts to public offices in spite of the Defendant’s sexual intercourse under the agreement with D, and the criminal justice procedure and the exercise of the State’s penal authority and the waste of governmental authority and investigative power are very heavy. The Defendant’s influence caused by the Defendant’s influence that the Defendant was at risk of being raped and was at risk of being seriously punished, and considerable mental suffering in the course of investigation. Nevertheless, the Defendant did not receive brupt from the Defendant, and the Defendant did not receive brut from the Defendant, and other circumstances, which are conditions for sentencing indicated in the records, such as the Defendant’s age, environment, family relationship, and circumstances before and after the crime, are considered in full view of the following factors: (a) the sentence of the lower court seems to be unfair because it is too unflut.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be considered in favor of the defendant);

1. The community service order under Article 62-2 of the Criminal Act;

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