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(영문) 청주지방법원 2017.08.25 2017노757
무고등
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 became 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. We look at the judgment, and the defendant seems to have repented his mistake and reflect in depth.

The defendant agreed with the victim C in the first instance, and as a result, the victim now wishes to have the defendant's wife.

The Defendant had been detained on June 9, 2017 and detained for not less than two months in the instant case, and had sufficient opportunity to return his own life and to reflect the instant crime.

I seem to appear.

In light of the above circumstances, considering the Defendant’s age, sex, occupation, family relationship, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is reversed and it is ruled again as follows.

[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the 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, Article 152(1) of the Criminal Act (the point of perjury), Articles 352 and 347(1) of the Criminal Act (the point of attempted fraud) of the Criminal Act, and each choice of imprisonment with prison labor for the crime;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal conditions favorable to the defendant among the grounds for reversal as above);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order are pening in depth the defendant's mistake.

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