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(영문) 부산지방법원 2018.11.01 2018노2464
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

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

2. The Defendant’s crime of this case committed by the Defendant as a joint guarantor, when the loan certificate of this case prepared by the Defendant as a joint guarantor was submitted as evidence in the civil procedure, the F, seeking to avoid the above loan certificate,

It is highly likely to be criticized as false accusation to investigation agencies.

However, the defendant recognized the crime of this case, and the risk of criminal punishment due to the defendant'sless crime has not been realized because the defendant did not prosecute, and the defendant has no record of the same crime.

If the defendant deposited 30 million won for a person against whom he was in the trial, and in addition, comprehensively takes into account the conditions of sentencing, such as the age, living environment, motive of the crime, and circumstances after the crime, which are shown in the original trial and the arguments of the political party, the punishment sentenced by the court below is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with 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.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are 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 for the crime, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The range of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, Type 1 (general dismissal] (one month to one year) in the mitigation area (special mitigation person], self-denunciation and confession;

2. The sentence shall be determined as per the Disposition, taking into account these circumstances in the reasons for reversal of the sentence above.

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