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(영문) 전주지방법원 2016.03.31 2016노221
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 decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. Articles 157 and 153 of the Criminal Act provide that the punishment shall be mitigated or remitted in cases where a person who committed an offense without a complaint makes a confession or acceptance of a victim before the judgment or disciplinary action on the reported case becomes final and conclusive.

In the first instance of the trial, the Defendant, including the criminal intent, led to the confession of the facts charged of this case, and the trial, etc. against C and E which the Defendant accused on the record had already become final and conclusive.

As there is no evidence to view, since this constitutes a confession before the judgment of the reported case became final and conclusive, the punishment should be reduced or exempted in accordance with Articles 157 and 153 of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained in this respect.

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

Criminal facts

The gist of the facts constituting an offense and evidence admitted by the court is as follows: (a) the summary of the evidence and the summary of the evidence are as stated in the corresponding column of the judgment below, except for the alteration of the “1. Defendant’s partial statement” to the “1. Defendant’s trial court statement” as stated in the first instance court’s corresponding column; (b) thereby, they are cited as it is in accordance

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on E with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The legislative intent of Article 62(1) of the Criminal Act is to protect the appropriate exercise of the criminal justice or disciplinary authority of the country with reason for sentencing under Article 62(1) of the Criminal Act.

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