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(영문) 광주지방법원 2016.04.06 2015노1297

무고등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) 1-A. C directly participated in an application for a direct payment of rice income, etc. in the name of the Defendant (hereinafter “rice direct payment”), which is based on the fact-finding (1)-free accusation (A) as indicated in the lower judgment, and thus, the details of the Defendant’s complaint are consistent with the truth and does not constitute a crime of false accusation.

(B) Paragraph 1-B. C of the lower judgment’s holding that the Defendant’s accusation is consistent with the truth and does not constitute a crime of false accusation, since the Defendant made E, etc. to use a false fact confirmation document or made a false statement in the court.

(2) Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) has been discarded to the Defendant’s mother’s living subsidy, and thereafter, the Defendant’s living subsidy was actually reduced.

Therefore, the content of the article posted by the defendant on the bulletin board of the freedom of viewing the case is not false but true.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment with prison labor, three years of suspended execution, and two hundred hours of community service) is too unreasonable.

2. Determination

A. (1) Judgment as to the assertion of mistake of facts (1) is without merit (A) and the following circumstances acknowledged by evidence duly admitted and investigated by the court below's claim and the court below's judgment, i.e., the following circumstances, i., (i) consistently known from the investigation stage to the court below to the court below that M was the overall receipt of rice direct gold at the time of the investigation stage to the court below, and (ii) C stated that there was no fact that there was a direct gold payment that the owner of rice, as at the time of the investigation stage, would aid or received a request for rice direct gold, and (iii) the application for registration of a person eligible for direct gold payment of rice in 2010 and 2011, and the confirmation of cultivation of farmland for cultivated land within the jurisdiction of the State as at the time, M is written with this Chapter, and M is written with the body of its own pen except for the "M" part of

The statements are objectively consistent with D's above statements. <3>