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(영문) 부산지방법원 2016.06.10 2015노3920
무고
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant above.

Reasons

1. The main point of the grounds for appeal is that the sentence (2.5 million won penalty) imposed by the court below on the defendant is too unreasonable.

2. According to Articles 157 and 153 of the Criminal Act, if a person who committed an accusation under Article 156 of the same Act makes a confession or withdrawal before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted, and there is no limitation in the above Acts and subordinate statutes as to the procedure of confession, and there is no limitation in the above Acts and subordinate statutes, the confession prior to such a final and conclusive judgment shall be determined as the grounds for the necessary mitigation or exemption. Thus, the court dealing with the reported case as a witness again leaves the court in which it deals with the reported case as well as the court in which it deals with the reported case, and then leaves the reported case as it was superior to the truth, and the court or suspect who was examined by the court or an investigative agency, and thus, the part of the judgment of the court below as to the defendant's confession or withdrawal of punishment included in the above concept of confession (see, e.g., Supreme Court Decisions 73Do1639, Nov. 27, 1973; 2004Do14.).

3. If so, among the judgment of the court below, the part of the judgment of the court below as to the defendant's non-prosecutions No. 2 in the annexed crime list No. 2 in the judgment of the court below should be reversed ex officio as seen above, and the part to be reversed as above and the remaining crimes of the defendant should be dealt with as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single punishment, and the remaining crimes of the judgment of the court below should also be reversed.

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