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(영문) 부산지방법원 2018.02.09 2017노4452
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to determining ex officio.

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to be mitigated or exempted pursuant to Articles 157 and 153 of the Criminal Act, so the judgment of the court below is no longer maintained in this respect.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 each of the unlawful arguments of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except for the addition of “the Defendant’s oral statement at the trial court of 1.1” to the column for the evidence of the lower judgment, the respective corresponding columns of the lower judgment are as stated in the lower court’s judgment; and (b) thereby, the gist of the facts charged and the relevant

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 156 of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the crime;

1. Articles 157, 153, and 55(1)3 of the Criminal Act (in relation to the crime of false accusation as the confession has been made) to be mitigated by law;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Crimes and Crimes) of the Criminal Act, concurrent crimes with the punishment provided for in Article 1 of the Decision No. 1 of the Criminal Act, which is the most severe, shall be concurrent crimes.

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