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(영문) 수원지방법원 2018.06.27 2018노2291
무고
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by seven months of imprisonment.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (nine months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, if a person who committed a false accusation, surrenders himself to confession or surrenders before the judgment or disciplinary action on a case on which a false fact was reported, the punishment shall be mitigated or exempted (Articles 157 and 153 of the Criminal Act). According to the records, G who was brought a false accusation from the defendant was not prosecuted, and the defendant can be found to have been led to the confession of the defendant at an investigation agency and the court below while denying the instant accusation at the investigation agency and the court below. Thus, the punishment against the defendant shall be determined after the necessary reduction or exemption pursuant to Articles 157 and 153 of the Criminal Act. In this respect, the judgment of the court below was no longer maintained.

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

Criminal facts

The summary of the facts charged against the defendant and the summary of the evidence admitted by this court is as follows: (a) except as to the alteration of “the defendant’s partial statement of 1.1” under Section 6 of the Criminal Procedure Act from the summary of the evidence in the judgment of the court below to “the defendant’s oral statement of 1.1. The original judgment is identical to each corresponding column of the judgment of the court below; (b) thus, they are cited in accordance with

Application of Statutes

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reasons for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act for statutory mitigation (Confession) are as follows: (a) the defendant repents his/her mistake and reflects his/her mistake; (b) the confession at the trial of the party and there are grounds for the necessary mitigation; and (c) there are no records of punishment for the same kind of crime.

However, the defendant makes a false statement G.

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