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(영문) 인천지방법원 2014.03.14 2013노3610
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Prior to the judgment on the grounds for appeal by the defendant, Articles 157 and 153 of the Criminal Act provide that "if a person who committed a crime without any accusation makes a confession or acceptance of a person, prior to the judgment or disciplinary action on the reported case becomes final, the punishment shall be mitigated or remitted." The defendant led to the confession of the crime of this case at the trial, and the defendant's confession of the crime of this case at the trial, and the case with respect to J and L, which the defendant was not subject to a disposition of non-prosecution, and the judgment becomes final and conclusive, the defendant's punishment against the defendant shall be mitigated or exempted in accordance with Articles

In this respect, the judgment of the court below against the defendant can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act. Since the defendant led to his confession in the trial, the summary of the evidence added "1. The court statement made by the defendant in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court below," and corrected "1. Criminal records in the judgment at the trial at the trial at the trial at the trial at the trial at the trial at the court below," "1. Criminal records:

Application of Statutes

1. Articles 156 and 30 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 157 and 153 of the Criminal Act for statutory mitigation;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes;

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