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(영문) 제주지방법원 2017.06.29 2016노639

무고

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s mistake of facts or misapprehension of legal principles (guilty part) of the facts charged in the instant case, the Defendant prepared a construction cost sum table between F and F around March 19, 2012, but there was no other contract or document directly prepared, and the Defendant did not have to make any document or document to the extent that he/she did not write his/her writing or his/her father or his/her mother, or that he/she delegated I with the authority to prepare a contract because he/she did not have any health condition, and thus, the standard contract for construction work submitted by F in a civil lawsuit constitutes a forged private document, and thus, no accusation is established.

B. The defendant did not have any negligence in the crime of false accusation against the defendant.

2) The sentence of the lower court (an amount of KRW 3 million) that is unfair in sentencing is too unreasonable.

B. In light of the evidence submitted by the prosecutor as to the charge of false accusation against C among the facts charged in the instant case, the lower court acquitted the Defendant of this part of the facts charged, even though it was sufficiently recognized that the Defendant reported false facts, as stated in this part of the facts charged, the lower court erred by misapprehending the legal doctrine.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. In the lower court’s determination, the Defendant asserted to the same effect as the grounds for appeal on this part, and the lower court rejected the Defendant’s assertion on the following specific grounds.

“The following facts or circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., the Defendant, at the H office run by F around March 19, 2012, set the construction cost as KRW 300 million for the instant newly-built construction work at the H office located together with F, Defendant’s wife I, and C, and written a total of construction cost.

Recognizing it;