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(영문) 수원지방법원 2018.08.17 2018노4010
무고
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 sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case, even though the Defendant had sexual intercourse under an agreement with E on the premise of an agreement, reported false facts to public offices and caused the above E to disrupt criminal justice procedures and the exercise of penal authority by the State, and caused the waste of governmental authority and investigative power. The crime of this case is not very good in the nature of the crime, and is also hot.

It is highly likely that the defendant, who is an adult who shall be responsible for his own act, will be relieved of his parent's opportune with the intent of the above crime.

E in order to avoid a criminal act by a defendant, who is under approximately nine months of criminal investigation, destroyed the peaceful daily life and suffered enormous mental and economic damage, and such damage seems not to have been easily restored.

However, the defendant seems to have been led to the crime of this case, living in custody for two months, serious importance of the law, and realizing the weight of the crime, and so on.

In the investigation of the case at issue, the statements and related investigations on the core part were avoided, and the case at issue are relatively passive.

In light of the criminal history, the defendant's age, character and conduct, environment, etc., the possibility of recidivism is small.

The decision is judged.

It seems that the parents of the defendant paid 30 million won to the person without the parents of the defendant, and the economic damage of the person without the defendant seems to have been recovered to some extent.

In the process of promoting an agreement with a person who is innocent, the second damage caused by the defendant's mother is strongly criticized, but it seems that the defendant did not intervene in the agreement process, and that the defendant's mother did not take into account the victim's position and mind under the name of the defendant's love consciousness.

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