(영문) 인천지방법원 2017.08.25 2017노1872 | 리걸엔진

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(영문) 인천지방법원 2017.08.25 2017노1872

무고

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal 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.

Considering the fact that the defendant has a number of criminal records and commits the crime of this case during the period of repeated crimes caused by narcotics crimes, the criminal responsibility of the defendant is not exceptionally against the defendant.

However, the defendant is detained for about two months for a period of time, and his/her mistake is seriously against himself/herself, and the defendant did not have any result of having been prosecuted or having been punished for non-prosecutions.

When the defendant is in the first instance, the defendant does not want the punishment of the defendant, and the defendant does not have the same criminal record.

A punishment needs to be determined in consideration of equity in a case where a judgment is rendered at the same time in a concurrent relationship with a crime of violation of the Act on the Control of Narcotics, Etc., in the judgment of the court below.

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. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Re-written judgment】 Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence

참조조문

-마약류 관리에 관한 법률

-형법 제37조

유사 판례

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