(영문) 서울남부지방법원 2020.01.31 2019노2326

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(영문) 서울남부지방법원 2020.01.31 2019노2326

무고

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. According to the ex officio judgment records, the defendant, while denying the crime of this case, can be acknowledged in the court below that led to the confession of the crime of this case.

Therefore, the facts charged in this case should be reduced or exempted pursuant to Articles 157 and 153 of the Criminal Act, and in this respect, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are identical to the description of the reasoning of the judgment of the court below in addition to the fact that “1. Part of the defendant’s court statement” is deemed as “1. The defendant’s court statement” in the summary of evidence of the judgment of the court of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act;

1. It is necessary to strictly punish a crime with the reason for sentencing under Article 62(1) of the Criminal Act, which harms the criminal justice function of the State and causes the criminal suspect to be in danger of unfair punishment.

In particular, since the crime of rape is highly poor in the nature of the crime, even if the person without suspicion is confirmed, the loss suffered in the course of the crime is much larger than in the case of other crimes.

After the defendant makes a false report, he/she shall be economically able to open the agreement or cell phone from the victim.

참조조문

유사 판례

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