무고
The defendant's appeal is dismissed.
Summary of Grounds for Appeal
A. The judgment of the court below which found the defendant guilty of the facts charged of this case on the ground that the defendant did not directly prepare the monetary tea certificate of this case, but made a false accusation that D had forged the monetary tea certificate of this case, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. Unless otherwise, the lower court’s sentencing (ten months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unreasonable.
Judgment
A. As to the assertion of mistake of facts, the court below stated that the following circumstances can be acknowledged by the evidence duly adopted and investigated by the court below, namely, ① as to the deposit paid from the investigation agency to the court below to the court below, and the balance of KRW 230 million,00,000,000, which was paid by the defendant for renting W building from the defendant, were prepared as to the balance of KRW 274,400,000,000,000, which was paid by the defendant, and ② as a result of the written appraisal of the examination room, there was a high possibility that the writing of the certificate of this case was written by the defendant, and the affixed fingerprints was also the defendant. The result of the appraiser G appraiser G also showed that four of five fingerprints affixed to the certificate of this case’s fingerprint, which was affixed to the certificate of this case’s fingerprint, were forged by means of can sufficiently be found to have been forged. However, according to the results of the appraisal institute and the appraiser GD’s document of this case’s fingerprint, it can be found that it was forged.