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(영문) 수원지방법원 2016.04.08 2015노4323
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

When a person who committed a false crime voluntarily surrenders himself/herself before a judgment or disciplinary action becomes final and conclusive in a case on which a false fact was reported, the punishment shall be mitigated or remitted (Articles 157 and 153 of the Criminal Act). The Defendant led to the confession of the instant accusation in the trial at the trial of the party, and the Defendant was not prosecuted for a criminal case against D, and it is evident that his/her prior decision would have become final and conclusive.

Therefore, according to Articles 157 and 153 of the Criminal Code, the sentence against the defendant should be reduced or exempted as necessary, so the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and his/her defense counsel's unfair assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as follows: “1. Part of the defendant’s court statement” in the summary of the evidence of the court below to “1. The defendant’s court statement” was changed to “1. The defendant’s court statement” and all of the judgment below are the same as the corresponding columns of the court below; thus, they are cited as it is in accordance with

Application of Statutes

1. Relevant Article 156 of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Articles 157, 153, and 55(1)3 of the Criminal Act (in relation to the crime of false accusation as the confession has been made) to be mitigated by law;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is that the defendant led to a confession of each of the crimes of this case and deposited KRW 10 million for the victim, and the victim.

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