(영문) 인천지방법원 2018.02.02 2017노2179 | 리걸엔진

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(영문) 인천지방법원 2018.02.02 2017노2179

무고

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence (the imprisonment of six months, the suspended execution of two years, and the community service order of 80 hours) imposed by the court below is too unreasonable.

2. The crime of false accusation is one of the dual characteristics that not only the proper exercise of the State’s trial function, criminal or disciplinary right, but also the interests of a person who is not unfairly punished. Thus, reporting false facts for the purpose of having a criminal punishment imposed on another person need to be strictly punished as a serious crime that infringes upon the State’s personal legal interests.

Furthermore, the Defendant committed the instant crime in order to avoid the liability for civil action, and thus, the Defendant’s criminal liability is not weak.

However, the Defendant recognized the instant crime as an initial offender with no record of the crime, and seriously reflects his mistake.

In fact, the prosecution against the accused does not occur or is punished for the purpose of false accusation against the accused, and the accused does not want the punishment of the accused by mutual consent with D from among the accused and the accused.

The crime of this case is based on a joint and several surety without detailed examination of the debt obligations of the dynamics D from the time when the her spouse filed a complaint to about five years prior to the date of the surgery, and there are some circumstances to consider the circumstance of the crime.

It is clear that the defendant has a certain occupation to lead a social life with good faith, and that the family members of the defendant want to take a preference against the defendant, etc. are also social ties.

In full view of the following circumstances, the lower court’s punishment is too unreasonable as well as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and all of the sentencing conditions shown in the instant records and arguments, such as the circumstances after the commission of the crime.

3. The Defendant’s appeal is with merit.

유사 판례

-인천지방법원 2017.08.25 2017노1872

-대전지방법원 2016.01.15 2014노2919

-대전지방법원 2015.07.10 2014노2795

-대전지방법원 2015.10.06 2015노747

-대전지방법원 2017.12.06 2017노1940