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(영문) 전주지방법원 2016.02.05 2015노1198

무고

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of legal principles and mistake, at the time when the Defendant prepared a lessor column for the instant lease agreement, the instant lease agreement was a document on the terms and conditions of lease, such as small and medium-sized land, ordinary water, rent, lease term, etc., and C voluntarily states the terms and conditions of lease.

At the time of filing a complaint, the Defendant believed that C had made the terms and conditions of lease at will, and thus, the Defendant had no intention to make a false accusation.

B. The sentence sentenced by the lower court (six months of imprisonment, one year of suspended sentence) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged based on the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion of misunderstanding of facts and legal principles, i.e., (1) in the investigative agency and the court of first instance: (a) in the lease agreement of this case, C, in consultation with the Defendant on the terms and conditions of lease, which was prepared and printed out in a computer with the exception of his location, rent, payment method, lease period, and personal information of the lessee, was first indicated in consultation with the Defendant on the terms and conditions of lease; (b) the Defendant stated that the terms and conditions of the lease agreement of this case were written in blue-type, indicating the payment method of rent, lease period, personal information column of the lessee, and provisional contract; and (c) in light of the following circumstances, the National Science Investigation and Research Institute prepared the agreement of this case with the lessor, including the lessor column, and all of the terms and conditions of the lease agreement of this case directly stated in the blue-type model.

In addition, the defendant directly.