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(영문) 춘천지방법원 2016.02.03 2015노1195
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

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

2. Although the nature of the crime of this case is not somewhat weak, the sentence of the court below is too unreasonable, considering various sentencing conditions indicated in the record, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., it is judged that the sentence of the court below is too too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in 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 legal provisions of the Criminal Act, Article 350(1) (a) of the Criminal Act (a point of conflict), Article 156 of the Criminal Act, and choice of imprisonment with prison labor, respectively;

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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Article 62-2 of the Criminal Act on the observation of protection;

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