무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
1. Summary of grounds for appeal;
A. The defendant was found to have attended as a witness in the trial of the defendant's Cheongju District Court I case (hereinafter "related criminal case") and testified, and the defendant was found to have raised a complaint against B due to the charge of false piracy. Since the defendant did not file a complaint for the purpose of punishing B even though he was sufficiently aware that B did not have any perjury, the defendant did not have any intention to make the defendant not guilty.
Nevertheless, the court below found the defendant guilty of the crime of this case, which affected the conclusion of the judgment, by misunderstanding the facts.
B. In light of the background of the Defendant’s non-determination of unreasonable sentencing, the lower court’s imprisonment (eight months of imprisonment) is too unreasonable.
2. Determination
A. The testimony that misunderstanding of facts (1) B made transactions with D from September 2014 in the relevant criminal case is false, as the court below properly states, the testimony to the effect that “the G director was introduced from September 2014 to the Defendant as a representative operating D, and there was a false representation in relation to the Defendant’s business.”
(2) We examine the defendant's non-guilty criminal intent.
The following facts can be acknowledged based on the evidence duly adopted and investigated by the court below.
① Before accepting D on November 11, 2014 in a related criminal case, the Defendant asserted D as F, and filed a complaint against F, G, andO with the prosecutor’s office under suspicion of piracy, which the Defendant testified to the effect that he/she is the actual operator of D on or before December 22, 2017 in the process of the relevant criminal case, prior to November 22, 2014, the Defendant filed a complaint against B on April 17, 2018 in the process of an appellate trial for the relevant criminal case.
(2) The Defendant is a person employed as a witness for the purpose of having the Defendant punished for a criminal punishment.
‘The statement was made’.
(3) The defendant shall investigate the second complainant.