Text
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by imprisonment for a year and six months.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
B. The punishment sentenced by the lower court (two years of imprisonment, additional collection 229,305,278 won) is too unreasonable.
2. The Defendant did not want to evade false facts in relation to Defendant A’s grounds for appeal, but led to the confession of all his errors at the prosecution investigation stage.
As a result of the Defendant’s crime of this case, the accused did not actually have been prosecuted or subject to criminal punishment, and the accused does not want the punishment of the Defendant.
There is no criminal offense exceeding a fine against a defendant.
However, the crime of false accusation is not only a violation of the state's criminal justice function, but also a serious crime that causes a person without criminal punishment to be subject to unfair criminal punishment.
The defendant reported to an investigative agency the false fact that the present head of the Gun, who received a bribe from the defendant in order to avoid receiving an election of the head of the local government or preventing the person from receiving a bribe by the political party, and the criminal investigation of the bribe case against the defendant continued to have had a significant impact on the election.
In light of this, the nature of the crime of this case is not very good, and it is necessary to punish the defendant strictly.
In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance newly considered in sentencing after the sentence of the lower judgment, the sentence of the lower court cannot be deemed as being excessively unreasonable.
3. The Defendant’s judgment on the grounds of appeal by Defendant B is to enable a specific business entity to receive a project ordered by G by taking advantage of the pro-friendly relationship with the F and the public officials belonging to G.