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(영문) 대전지방법원 2015.11.20 2015노1100

무고등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant made a false determination of facts (not guilty part) and made a false determination of facts by submitting a written complaint to punish E even though he did not alter the contract.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

B. The lower court’s sentencing (six months of imprisonment and two years of suspended sentence) is too uneasible and unfair.

2. Judgment on the assertion of mistake of facts

A. A. Around May 8, 2013, the summary of this part of the facts charged was as follows: (a) around April 14, 2011, at the Gyeonggi-do Police Station located in the area of Si/Gun, the Defendant: (b) prepared a contract for the construction works and landscaping works around the Defendant and G’s new building (hereinafter “instant construction works”); and (c) submitted to the Defendant a copy of the contract that the Defendant altered E’s contract by arbitrarily presenting a written deletion contract with the Defendant’s signature and seal affixed on September 1, 2011; and (d) submitted a written complaint stating that “A representative director of Gu (hereinafter “G”) signed the contract for the construction works and the construction works around the new building building site in question; and (e) attached a copy of the contract that the E altered.”

However, it was true that E had changed the existing contract by arbitrarily eliminating the orderer column on September 1, 201 and had not presented it to the defendant, and the contract attached to the above complaint was made by arbitrarily eliminating the orderer column under the contract in which the defendant was kept.

In this respect, the defendant was arrested for the purpose of having E receive criminal punishment.

B. The crime of false accusation against the judgment of the court below is established when the reported fact goes against the objective truth with the intention of having another person receive criminal punishment or disciplinary disposition, and the reported fact goes against the objective truth.