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(영문) 대전지방법원 2016.09.08 2015노2590

무고

Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The part in front of the phrase “not being sealed” in the pocketbook of mistake of facts and misunderstanding of legal principles stating “not to be sealed” (hereinafter “the first part”)

) and the part stating “I confirm that there is no monthly tax revenue and expenditure in May 2012” (hereinafter “the second part”)

(2) The judgment of the court below which found the Defendant guilty of the facts charged in this case against the Defendant even though the Defendant did not pay rent for each of the above parts of the case to the Defendant, and the Defendant’s complaint was not false, is erroneous in matters of law by misunderstanding of facts and misunderstanding of legal principles, which affected the conclusion of the judgment. (2) The sentence of the court below against the Defendant of unreasonable sentencing (eight months of

B. The lower court’s sentence against the Defendant against the prosecutor (unfair form of punishment) is too unhued and unreasonable.

2. Judgment 1 on the Defendant’s assertion of mistake of facts and misapprehension of legal principles in the lower court also asserted the same purport as the above grounds for appeal, and the lower court found the Defendant guilty of the facts charged of this case based on the evidence as stated in its reasoning. (2) The following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court, namely, ① the phrase “not being sealed,” written in the front of the phrase “not being sealed” in the “self-written book” in the investigative agency and the lower court’s court, is not written, but rather the phrase “not being sealed,” written in the front of the phrase “not being sealed,” and the phrase “after the first half of January 3, 2012, the Defendant did not receive a receipt on the part of the Defendant paid the monthly rent.” In addition, it is demanded to add the content that the Defendant did not have been sealed even if he did not receive a receipt on the part of the Defendant paid the monthly rent.”

on d. 2012