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(영문) 청주지방법원 2018.06.11 2018노276
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, if a person who committed an offense without doubt, surrenderss himself/herself to confession or surrenders himself/herself before the judgment or disciplinary action on a case on which a false fact was reported or becomes final and conclusive (Articles 157 and 153 of the Criminal Act), the punishment shall be mitigated or remitted (Article 157, Article 153 of the Criminal Act). As long as the Defendant led to the conviction of the facts charged in the instant case and led to the conviction of the Defendant, the punishment against the Defendant shall be mitigated or exempted. In this respect

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

[Re-written judgment] The facts constituting an offense and summary of evidence acknowledged by the court below and the summary of evidence are as follows: (a) deleted “the Defendant’s partial statement” from the column of “a summary of evidence” among the judgment below; and (b) added “the Defendant’s oral statement” as stated in the corresponding column of the judgment below; and (c) thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 70(2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts, Article 283(1) of the Criminal Act (including the expression of false false facts for the purpose of defamation), Article 156 of the Criminal Act, and Article 70(2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, etc. for the Purpose of Slander, Article 2

1. Articles 157, 153, and 55(1)3 of the Criminal Act (in relation to the crime of false accusation as the confession has been made) to be mitigated by law;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the largest sentence].

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