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(영문) 전주지방법원 2016.05.12 2015노1548
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the community service 80 hours) is too unreasonable.

2. Articles 157 and 153 of the Criminal Act provide that the punishment shall be mitigated or remitted in cases where a person who committed an offense without a complaint makes a confession or acceptance of a victim before the judgment or disciplinary action on the reported case becomes final and conclusive.

In the first instance of the trial, the Defendant made a confession of the charges of false accusation, including the criminal intent, and the judgment, etc. on F with respect to the person who is not a person subject to the record became final and conclusive.

As there is no evidence to view, since this constitutes a confession before the judgment of the reported case became final and conclusive, the punishment should be reduced or exempted pursuant to Articles 157 and 153 of the Criminal Act. Therefore, the judgment of the court below in this regard cannot be maintained.

In addition, the crime of altering private documents and the crime of copying private documents in the decision of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act with the crime of false accusation, and thus a single punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act, so the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with 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 after pleading.

Criminal facts

The gist of the facts constituting an offense and evidence admitted by the court is as follows: (a) the summary of the evidence and the summary of the evidence are as stated in the corresponding column of the judgment below, except for the alteration of the “1. Defendant’s partial statement” to the “1. Defendant’s trial court statement” as stated in the first instance court’s corresponding column; (b) thereby, they are cited as it is in accordance

Application of Statutes

1. Article 156 of the Criminal Act, Article 231 of the Criminal Act (the point of modification of private document), and Article 234 of the Criminal Act concerning the crime in question.

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