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(영문) 울산지방법원 2014.08.08 2014노356

무고

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles did not have been present at the time of preparing a written consent for the use of the site, and the seal impression and the seal impression issued by the Defendant were not known that they were used in the written consent for the use of the site. Since D voluntarily prepared a written consent for the use of the site under the name of the Defendant, this part of the crime is not established. In addition, even though the Defendant did not have been present at the time of preparing an application for the transfer of ownership, and even though he did not have agreed on D and D’s share ratio, he voluntarily stated D’s share in land as 4:6 and written an application for the transfer of ownership under the name of the Defendant, and thus, the crime of non-prosecution on this part is not established. 2) In light of the overall circumstances of the instant case of unfair sentencing

B. A prosecutor 1) misunderstanding of facts and misunderstanding of legal principles have been comprehensively entrusted to D with the preparation of a partnership contract and a state property sales contract, but D submitted a false complaint to the effect that D forged the above partnership contract and the State property sales contract, and thus a crime of false accusation against the Defendant is established. 2) In light of the overall circumstances of this case on unreasonable sentencing, in light of the overall circumstances of this case, the sentence imposed by the court below is too una

2. Determination

A. We examine the part of the written consent for the use of the site in this case, the Defendant’s seal impression is affixed to the written consent for the use of the site in this case, and Q, the head of the Fdesign Office, is attached to the Defendant’s seal impression, and the Defendant visited the head of G office by visiting the design office operated by him with a seal impression and a seal impression on the date of preparation of the written consent for the use of the site in this case.