(영문) 서울동부지방법원 2016.01.13 2015노804

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(영문) 서울동부지방법원 2016.01.13 2015노804

무고

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court’s sentence (10 months of imprisonment and 2 years of suspended execution) against the Defendant on the summary of the grounds of appeal (unfair sentencing) is too unreasonable.

2. The crime of false judgment is not only a crime of causing danger and pain to a person who is subject to criminal punishment, but also a crime of obstructing the realization of justice through the judicial authority by abusing the judicial function of the State. Moreover, the crime of this case is acknowledged as having been committed by the defendant who was sentenced to a fine in the crime of embezzlement, and there is room to view that the crime of this case was committed in order to obtain favorable results in the above trial.

However, in full view of the following circumstances: (a) the Defendant was fully aware of the crime in the course of the first instance trial, and the Defendant’s mistake is against the Defendant’s depth; (b) the Defendant was fully agreed with the Defendant; (c) the Defendant did not proceed to the criminal prosecution phase against the Defendant; (d) the Defendant did not have any past record of crimes other than the criminal punishment for the crime of embezzlement; and (e) the Defendant’s age, career, health, etc., which are the conditions for sentencing, the lower court’s punishment is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence presented by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, it is acceptable to accept them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws and the choice of punishment for crimes. Article 156 (Selection of Penalty Penalty) of the Criminal Act.

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act mitigated by law;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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