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(영문) 서울남부지방법원 2020.08.25 2019노2777
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of the grounds for appeal (in original case: Imprisonment with prison labor for one year and six months);

2. In a case where a person who committed an ex officio offense of false facts reported a false fact before a judgment or disciplinary action becomes final and conclusive, the punishment shall be mitigated or remitted (Article 157 and Article 153 of the Criminal Act); and since the criminal case against the defendant who committed an act of this case was led to a confession or exemption from the punishment of the defendant; and since it is apparent that the judgment became final and conclusive because the criminal case against the defendant was not prosecuted, the punishment of the defendant against the offense of false accusation among the facts of the judgment below pursuant to Articles 157 and 153 of the Criminal Act is to be mitigated or exempted. The above offense of false accusation is related to the remaining facts of the judgment of the court below and the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 307(2) of the Criminal Act, Article 156 of the Criminal Act, Articles 262, 260(1), and 257(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260 of the Criminal Act, each choice of imprisonment for a crime;

1. Articles 157, 153, and 55(1)3 of the Criminal Act (i.e., the crime of false accusation because of the confession), which are statutory mitigation;

1. Article 37 of the Criminal Code among concurrent crimes.

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