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(영문) 의정부지방법원 2016.04.29 2016노690
무고등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (no. 10 months of imprisonment) imposed by the lower court is too unreasonable and unfair (the Defendant explicitly withdraws his assertion of misunderstanding of facts or misapprehension of legal principles on the first trial date of the first trial of the first trial of the first trial of the first instance court). 2. The crime of this case without the judgment of the lower court is a crime that harms the nation's criminal justice function and is likely to cause a person under the risk of being subject to unfair punishment, and thus, there is a need to strictize it, and the Defendant commits a crime that the Defendant tried to raise money by giving frightened to the victim. In light of the circumstances, contents, and methods of each of the crimes of this case, the nature of the crime is not good, and the fact that it is not yet agreed with the victim is unfavorable to the Defendant.

However, when considering the following circumstances: (a) the Defendant was found to have committed the instant crime at the time of the trial; (b) the Defendant was aware of the Defendant’s in-depth accusation at the investigation stage; (c) the Defendant did not have any criminal prosecution; (d) the Defendant was also tried to commit the crime; and (e) the Defendant deposited KRW 5 million for the victim at the trial; (c) the Defendant was in custody for 2 months due to the instant case; and (d) the Defendant had the time of self-esteem while living in custody; and (e) other favorable circumstances, such as the Defendant’s age, sexual behavior, environment, motive and background of the instant crime, means and consequence; (e) circumstances after the instant crime; and (e) criminal records, etc., the sentence imposed by the lower court is 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 it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is "1. The defendant's partial statement in court" in the summary of the evidence of the court below.

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