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(영문) 광주지방법원 2017.04.27 2016노1835

무고

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of December 19, 201, in addition to the notes submitted by C for civil litigation (hereinafter “each of the instant notes”) by misunderstanding the facts and misapprehension of the legal principles, there was a separate note in which the Defendant, on his own hand, entered the lower part of the text of the non-litigation agreement (hereinafter “a separate note”) and agreed that each of the separate notes with C be discarded.

In such a case, each of the instant letters, without the stipulation of the non-contentious special agreement, was submitted for a civil procedure, and the Defendant was in the part of the phrase.

There was no choice but to take place.

Therefore, there was no intention to report false facts to the defendant.

2) The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, and the community service time of 120 hours) is too unreasonable.

B. It is unfair that the prosecutor’s sentence (unfair sentencing) of the lower court is too unhued and unreasonable. (The imprisonment is eight months, two years, and one hundred and twenty hours, respectively)

2. Determination:

A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of misunderstanding of facts and legal doctrine, the Defendant is fully aware that C did not submit a written indictment by altering a written complaint, but reported false facts to C. Therefore, the Defendant’s allegation in this part of the grounds for appeal is rejected.

1) It is true that C only the portion of “criminal liability” portion of each of the instant orders “civil and criminal liability” prepared by C from the investigative agency to the court below’s court at the time of December 19, 201, at the request of the Defendant, was directly deleted and sealed by the Defendant, and divided into two parts. There is no separate statement stating a special agreement to file a lawsuit or a separate statement stating a special agreement to file a lawsuit at the bottom of each of the instant orders, and there is no reason to receive such a statement consistently.

C’s statement is an expression to the original of the instant letter.