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(영문) 창원지방법원 2014.05.01 2013노2532
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The offense of false judgment is an offense that undermines the fairness and truth of investigation and trial, and requires strict punishment, and is disadvantageous to the Defendant.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession of the crime of this case and the living in custody between one month, the defendant's complaint did not result in criminal punishment, the defendant's complaint did not want criminal punishment, and the defendant's complaint did not have any particular criminal records since around 1998, and the defendant did not have any particular criminal records, etc., the sentence imposed by the court below is somewhat unreasonable, since it is judged that the sentence imposed by the court below is somewhat unreasonable. Thus, the above argument by the defendant is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The gist of the facts charged and the evidence admitted by the court is as follows, except for the addition of the “statement made by the defendant in this court” to the summary of the evidence, and thus, it is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it in accordance with Article 369 of

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crimes;

2. Statutory mitigation under Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act;

3. Suspension of execution under Article 62 (1) of the Criminal Act;

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