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(영문) 서울서부지방법원 2019.07.11 2019노49
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

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

2. In a case where a person who committed an ex officio decisionless accusation voluntarily surrenders himself to the confession or voluntarily surrenders before a judgment or disciplinary action on a case on which a false fact was reported is finalized (Articles 157 and 153 of the Criminal Act), the punishment shall be mitigated or remitted (Article 157 and Article 153 of the Criminal Act); and as long as the defendant has to be exempted from the punishment for the defendant under Articles 157 and 153 of the Criminal Act as long as he/she is required to be exempted from the punishment for the defendant under Articles 157 and 153 of the Criminal Act, he/she cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above, and the following is again decided

【The reason for the judgment of the court below which has been written] The facts constituting a crime and the summary of evidence recognized by the court below and the summary of the evidence are cited in accordance with Article 369 of the Criminal Procedure Act, except for the change of “1. (Partial) testimony of the defendant from “the summary of evidence” to “1. (Court testimony of the defendant in the trial of the defendant in the trial of the court of the court below”

Application of Statutes

1. Article 156 of the Criminal Act as to the facts constituting an offense, and Article 70 (2) and (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the point of each false fact or defamation);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment against which the crimes of false accusation against D and E are imposed, and the punishment against which the crimes of false accusation against E are heavier);

1. Selection of each sentence of imprisonment;

1. Statutory mitigation of crimes under Articles 157, 153, and 55(1)3 of the Criminal Act (self-abstinence as to the crime of false accusation).

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