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(영문) 의정부지방법원 2018.05.17 2018노865
무고
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 summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. Before determining the reasoning of the Defendant’s appeal ex officio, pursuant to Articles 157 and 153 of the Criminal Act, if a person who committed an act without accusation voluntarily surrenderss himself/herself before the judgment or disciplinary action on a case on which a false fact was reported is finalized, the punishment shall be mitigated or exempted. However, the Defendant led to the conviction of this case for the first time, and the Defendant led to the confession of the crime without accusation against H due to the forgery of a private document, etc., and it is obvious that the judgment or disciplinary action against the Defendant becomes final and conclusive due to the apparent fact that the Defendant was not prosecuted against H due to the forgery of a private document, and thus, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for the judgment to be used again] Criminal facts and summary of evidence acknowledged by the court below and summary of evidence are identical to the corresponding column of the judgment of the court below, except for the case where “the defendant’s partial statement” in the summary of evidence of the judgment of the court below as “the defendant’s oral statement” as “the defendant’s oral statement”. Thus, it is cited as it is in accordance with Article 369 of the Criminal

Application of Statutes

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. A confession of the mitigated area (one month to one year) of the sentencing criteria [the scope of the recommended punishment] and the mitigated area (one year from January to one year);

2. The defendant 9th floor for the crime of this case, which was determined to be sentenced.

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