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(영문) 부산지방법원 2020.04.28 2020노275
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Determination of the main sentence of the grounds for appeal is unreasonable;

2. The sentence imposed by the court below is within the scope of the applicable sentences and the recommended sentencing criteria (one to one year and six months).

It is inevitable to sentence sentence in that the defendant was sexual assaulted by B, and in addition, B had forged the real estate monthly rent contract, making it difficult for the victim to suffer considerable difficulty.

However, the defendant confessions all of the crimes in the appellate court and reflects them.

There are circumstances to consider the relationship between the defendant and the person without any personal seal, and there was no influence on criminal punishment for the defendant's non-determination.

The main figures of the defendant want to be the wife of the defendant.

In addition, if we review the sentencing factors, the amount of the original sentence is somewhat inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 156 of the Criminal Act concerning the crimes;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

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

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