(영문) 창원지방법원 2017.04.27 2017노465 | 리걸엔진

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(영문) 창원지방법원 2017.04.27 2017노465

무고등

Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (one year of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. Determination: (a) The defendant was sentenced to a fine not to be imposed twice for the crime of causing damage to property; (b) one time for suspension of execution; and (c) two times for the crime of causing damage to property; and (d) the records of the crime of this case are repeated crimes; (b) each of the crimes of this case is a repeated crime; (c) the defendant filed a complaint against the other party to be exempted from criminal liability; (d) although there are unfavorable sentencing grounds such as: (e) the defendant has been led to two investigations conducted by the prosecution; (e) the confession was made twice at the court below and the trial; (e) the confession was made at the trial; (e) the other party to the crime of causing damage to property was agreed with the other party to the crime of causing damage to property; and (e) the other party appears to have not been prosecuted after recognizing the crime of causing damage to property at the investigative agency; (e) the punishment of the court below is unreasonable due to the lack of permission and the circumstances and motive leading up to the crime of causing damage to property; and (v) the records and changes theory of this case.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited 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 against the crime, Article 156 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 157, 153, and 55(1)3 (a) of the Criminal Act to be mitigated by law (the crime of false accusation has been led to confession).

참조조문

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