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(영문) 전주지방법원 2019.08.29 2019노332

무고등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Unauthorized accusation: The Defendant, such as misunderstanding of facts, submitted a false complaint with the content that C arbitrarily affixed the accounts under D, despite the fact that C had the identity card and seal impression of D and had requested C to open the accounts under D’s name.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found the Defendant not guilty of the charge of false accusation.

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

2. Determination

A. 1) The summary of the facts charged in the instant case’s assertion of mistake of facts, etc. (the Jeonju District Court 2017 High Court 2017 High Court 797) the Defendant: (a) on February 1, 2017, at the Dasan Police Station located in 165-12, the Defendant: (b) around September 30, 2015, the Defendant: (c) requested that C, who was a school member at the time, open an account under D’s name while holding the resident registration certificate and seal imprint; (d) on October 1, 2015, it was difficult for the Defendant to lawfully submit a written application for transaction under D; and (e) on the same day, after opening the bank account; and (e) requested the Defendant to establish the relevant passbook and seal imprint; and (e) on the same day, it was difficult for the Defendant to have a false statement to establish the account under D’s name; and (e) made it difficult for the Defendant to lawfully submit the evidence to the lower court.

(b) the prior consent.