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(영문) 부산지방법원 2017.03.17 2016노4678
무고
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

If a person who committed an act of false accusation, surrenders himself to the court before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted (Articles 157 and 153 of the Criminal Act). Since the defendant led to the conviction of this case and led to the conviction of this case, it is necessary to determine the punishment by the method of determining the punishment within the scope of the term of punishment, which is necessary to be mitigated or exempted pursuant to Articles 157 and 153 of the Criminal Act, so the judgment of the court below is no longer maintained in this respect.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: (a) the summary of the evidence in the judgment below’s summary “1. Part of the Defendant’s legal statement” as “1. The Defendant’s legal statement” is the same as the corresponding column of the judgment below, and thus, (b) the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law (a confession, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of false accusation in the sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment as a serious crime that interferes with the appropriate exercise of national criminal jurisdiction or disciplinary authority, and causes a person under suspicion to be subject to criminal punishment or disciplinary action, and the defendant is the defendant.

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