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(영문) 대전지방법원 2018.11.15 2018노1866
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment with prison labor and two years of suspended sentence) is too unhued and unreasonable.

2. The judgment of the defendant is favorable to the confession of the crime of this case and reflects his mistake in depth, the confession constitutes a ground for the necessary reduction or exemption of punishment under the Criminal Act, and the primary crime.

However, the crime of false accusation is a serious crime that infringes upon the appropriate exercise of the national criminal justice authority and the individual's interest that is not unfairly punished. Furthermore, the crime of this case seems to have been committed closely after planning in advance by the defendant. However, the crime of this case seems to have been committed closely. The crime of this case seems to have been committed seriously, such as the nature of the crime is very bad, the defendant was arrested and investigated, the defendant was claimed for detention warrant, etc., and the defendant's motive, circumstance, means and method of the crime of this case, circumstances before and after the crime of this case, and other various circumstances such as the defendant's age, sex, career, environment, etc., it is deemed that the punishment of the court below is unfair because it is too uneasible.

Therefore, the prosecutor's improper argument of sentencing is justified.

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 after pleading.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Inter-Korean between E and F)

1. Selection of imprisonment with prison labor chosen;

1. A variety of grounds for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act for mitigation of self-denunciation are as seen earlier.

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