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(영문) 광주지방법원 2018.05.02 2018노818
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

When a person who committed an act of false accusation voluntarily surrenders himself to the court prior to a final judgment or disciplinary action against a case on which a false fact was reported, the punishment shall be mitigated or remitted (Articles 157 and 153 of the Criminal Act). As long as the Defendant denied the offense without accusation at the court below and led to confession at the court below, the punishment shall be mitigated or exempted as necessary. In this regard, the judgment of the court below cannot be reversed.

3. Therefore, the court below's judgment is reversed ex officio and the remaining crimes of the defendant are deemed concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single punishment. Thus, the judgment of the court below is reversed in its entirety.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment is again ruled as follows after pleading.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by the court below are as follows: (a) the facts constituting an offense and the summary of the evidence are as follows: (b) each of the 10th 8th h and 11th h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h; and (c) “part of the Defendants’ h h h h h h h h h h h

Application of Statutes

1. Relevant legal provisions for criminal facts, Article 156 of the Criminal Act for the choice of punishment (a point of non-existence), Article 231 of the Criminal Act (a point of the same Article), Articles 234, 231 of the Criminal Act (a point of exercising the above investigation document), Article 228(1) of the Criminal Act (a point of non-entry such as official electronic records) and Article 229 of the Criminal Act.

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