2015No924 Colonel

A

Defendant

Papna (Lawsuits) and the largest leather trial;

Law Firm B

Attorney in charge C

Chuncheon District Court Decision 2015Gohap510 Decided August 20, 2015

December 2, 2015

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

The sentence of the court below (one year and six months of imprisonment) is too unreasonable.

2. Ex officio determination

If a person who has committed an offense without complaint under Articles 157 and 153 of the Criminal Act makes ex officio prior to the judgment on the grounds for appeal, surrenders himself/herself or surrenders himself/herself before the judgment on a case on which a false fact is reported or a disciplinary measure becomes final and conclusive, the punishment shall be mitigated or exempted.

According to the records, since the defendant denied the facts charged in the judgment of the court below and the confession was recognized in the trial, the punishment should be mitigated or exempted for the defendant, and the judgment of the court below cannot be maintained as it is.

3. Conclusion

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

Criminal facts and summary of evidence

The summary of the facts constituting an offense and evidence recognized by this court shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act as it is, as stated in the corresponding column of the judgment below.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 156 of the Criminal Act

1. Statutory mitigation;

Articles 157, 153 and 55(1)3 of the Criminal Act (Confession)

1. Handling concurrent crimes;

The latter part of Article 37 and the first sentence of Article 39 (1) of the Criminal Act

Reasons for sentencing

The crime of false accusation needs to be strictly punished for a crime that causes the waste of investigative agency's investigative power and lacks the risk of criminal punishment; disadvantageous circumstances such as the fact that the defendant has several times of criminal records; the defendant recognized the crime of this case for the first time in the trial; the defendant deposited one million won for the victim in the trial; the crime of this case is committed for the first time in the concurrent crimes under the latter part of Article 37 of the Criminal Act; and the punishment should be determined by taking into consideration the equity with the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and the circumstances of the crime after the crime.

Maximum paths (Presiding Judge)

immigration;

Maap Young-young