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(영문) 대전지방법원 2017.06.29 2017노1068
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 imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Although the Defendant did not have been raped from D, the instant crime, which reported false facts to D with the police station for the purpose of having D criminal punishment, is in danger of the State’s adequate judicial function and trial function, and is not very good, and it appears that D had suffered considerable mental pain due to the Defendant’s false report, and that D had to severely punish the Defendant.

However, the sentence of the court below is too unreasonable in light of all the sentencing conditions, including the defendant's age, sexual conduct, environment, motive, means and consequence, circumstances after the crime, etc., which are favorable to the defendant, such as the fact that the defendant all of the crimes in this case are committed, there is no criminal record exceeding the same kind and fine, that D does not want the punishment of the defendant, that it is agreed with D, and that D would have been expected to have the time of self-esteem and reflect through the long-term confinement life through the long-term confinement life.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. The sentence shall be determined as ordered in full view of the various circumstances as seen earlier prior to the reason for sentencing under Article 62(1) of the Criminal Act ( considered as above).

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