logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.08.08 2018노1568
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

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

When a person who committed a crime without accusation voluntarily surrenders himself/herself before a judgment or disciplinary action on a case on which a false fact was reported is finalized, the punishment shall be mitigated or remitted (Articles 157 and 153 of the Criminal Act). As long as the defendant denied the crime in this case and led to confession in the first instance court, the punishment shall be mitigated or exempted as necessary. In this respect, the judgment of the court below cannot be reversed.

3. If so, 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 it is again decided as follows after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by the court are as follows: (a) except for the addition of “the Defendant’s oral statement at the trial of the first instance” to “the Defendant’s own trial statement at the trial of the second instance” after the second page of the judgment of the court below, and thus, it is identical to each corresponding column of the judgment of the court below, thereby citing them

Application of Statutes

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The crime of this case on the grounds of sentencing under Articles 157, 153, and 55(1)3 (Confession) of the Criminal Act for statutory mitigation is deemed to have reported false facts to a police station for the purpose of having another person receive criminal punishment, and the quality of the crime is not very good. Considering the fact that the defendant reported false facts to a police station for the purpose of having another person receive criminal punishment, strict punishment against the defendant is required.

However, the fact that the defendant repents his mistake, that the defendant does not want the punishment of the defendant by mutual consent with D, that the defendant does not have any criminal record exceeding the same criminal record or fine, and that he is the age of the defendant.

arrow