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(영문) 대전지방법원 2018.07.12 2018노213
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (two years of suspended sentence in the month of imprisonment with prison labor) is too unreasonable.

2. In full view of the fact that the Defendant committed the instant crime in order to stop the Defendant’s nonperformance of liability when auction was conducted, it is deemed that the sentence of the lower court is too unreasonable, taking account of the following factors: (a) the Defendant was not guilty of committing the instant crime; (b) the Defendant’s withdrawal of the complaint by the investigative agency; (c) the Defendant did not have any history of punishment except for the Defendant who was punished once a fine is imposed; (d) the confession was made in the trial; (e) C and civil conciliation was made with the actual injured party; and (e) the Defendant’s age, sexual conduct, environment

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 the defendant's appeal is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is as follows: (a) the summary of facts constituting an offense and the summary of the evidence is deleted from the “written statement in the prosecutor’s protocol of interrogation of the accused; (b)” and “written statement in the prosecutor’s protocol of interrogation of the accused; and (c) the “written statement in the prosecutor’s protocol of interrogation of the accused” as stated in each corresponding column of the judgment below, except for the addition of “1. Defendant’s legal statement”

Application of Statutes

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who has more penalty than imprisonment for a crime of false accusation against C);

1. Selection of imprisonment with prison labor chosen;

1. The sentencing of Article 62(1) of the Criminal Act is to be determined as ordered in full view of the various circumstances prior to the reason for sentencing.

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