무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unfased and unreasonable.
B. Defendant 1) Since misunderstanding of facts D has a fact of cutting standing timber in a mountain mountain, the judgment of the court below which found the Defendant guilty of the facts charged in the instant case without reporting false facts is erroneous in misunderstanding of facts. 2) The sentence imposed by the court below of unfair sentencing is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the court below's decision on the defendant's assertion of mistake of facts and evidence duly adopted and examined at the court below and the court below's decision, i.e., (1) stated at the court below that there was no fact of cutting down pine trees, such as the defendant's written complaint; (2) stated at the court below's decision that, at the time when the defendant visited C's tomb around 2012, he did not well see C's appearance; (3) G in the Daegu Hamar Report prepared an investigation report by directly visiting the site of this case while being accompanied by the defendant at the court below's decision and the court below's decision; (2) the defendant did not find any scambling of pine trees around C's grave and K's grave; and (4) the defendant stated to the effect that he did not directly prove that he had a witness d's own around D's grave, and even if he made a statement to the investigation agency, he could not directly prove that he had a witness d's around D's.