(영문) 대전지방법원 2018.12.12 2018노2897 | 리걸엔진

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(영문) 대전지방법원 2018.12.12 2018노2897

무고

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. The crime of false judgment requires a strict punishment for a serious crime that causes confusion in the judicial action of the State and causes great pain to the victim. The defendant has the record of being punished by a fine in 2010. The defendant has been punished by a fine in 28 times or more, the defendant's records of criminal punishment (suspension of execution and fine) for the same crime and a different crime are 28 times or less, the defendant's consciousness of compliance seems to be very weak, due to the defendant's non-determination, the defendant appeared in the investigative agency and the court of the court of the court of the court and the court of the court of the court, and the defendant appears to have experienced considerable mental pain in the process, etc. are disadvantageous to the defendant.

On the other hand, the following are the circumstances favorable to the defendant: (a) the defendant made confessions and reflects all of the crimes when the defendant was in the trial; (b) the defendant has no record of criminal punishment beyond the suspension of execution; (c) the defendant was not prosecuted or punished as follows; and (d) the defendant did not want the punishment of the defendant by mutual consent with the person who was not in the trial.

Considering the above circumstances and all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, and circumstances after the crime, the punishment sentenced by the court below is deemed unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

【Inasmuch as the facts constituting a crime and the summary of evidence recognized by the court are as stated in the corresponding column of the judgment below, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;

유사 판례

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-울산지방법원 2016.09.09 2016노965

-수원지방법원 2018.08.24 2018노2985

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