(영문) 서울중앙지방법원 2015.03.27 2014노5082

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(영문) 서울중앙지방법원 2015.03.27 2014노5082

무고

Text

The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. In the first instance judgment, the lower court erred by misapprehending the legal doctrine, which affected the conclusion of the judgment by misapprehending the Constitution, laws, orders, and rules.

B. The first instance sentencing (one year of imprisonment) on the accused is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the first instance court as to the assertion of misapprehension of the legal doctrine, it is recognized that the Defendant filed a complaint with the Seoul Central District Prosecutors' Office to the effect that “C, while borrowing KRW 4 million from C, provided a Genz car as a security, obtained the said benz car from the Defendant,” to be subject to criminal punishment.

The judgment of the first instance is just in recognizing the above facts, and there is no error of law by misunderstanding the legal principles that convicted the defendant by applying the crime of false accusation, thereby affecting the conclusion of the judgment.

Therefore, we cannot accept the defendant's above assertion.

B. In full view of the following circumstances: (a) the Defendant reflects the instant criminal act; (b) the Defendant did not want the Defendant’s punishment; (c) the Defendant’s complaint does not reach a criminal trial; and (d) the Defendant did not have any particular criminal record; and (e) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the crime; and (b) the sentencing of the first instance court against the Defendant is deemed unreasonable, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered through pleading

Criminal facts

Criminal facts recognized by this court as well as summary of evidence are relevant to each of the judgment of the court of first instance.

참조조문

-대한민국헌법

-형사소송법 제364조 제6항

유사 판례

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