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(영문) 의정부지방법원 2016.10.21 2016노1917

무고

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant actually suffered an injury by assaulting C, the judgment of the court below which found the Defendant guilty of the facts charged of this case on a different premise without having filed a false accusation against C, it erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (two years of suspended execution in six months of imprisonment, and eight hours of community service order) is excessively unreasonable.

2. Determination

A. Determination of misunderstanding of facts is 1) The summary of the facts charged in this case: (a) the Defendant prepared a false complaint with respect to C, and sent it by mail on February 4, 2015; and (b) the Defendant reached the public prosecutor’s office of the government-oriented public prosecutor’s office 23, 34-gil-ro, 5, 34, on February 5, 2015. The complaint chief “Defendant C, who is apartment security guards, submitted the following facts to the public prosecutor’s office of the government-oriented public prosecutor’s office : (c) around 00:10, July 20, 2014; (d) around 42 days prior to the arrival of the apartment guard A (Defendant) who is the resident at the guard center of apartment guard ; and (e) the content and fact that the Defendant tried to be punished for 42 days prior to the Defendant’s treatment; and (e) there was no assault with respect to the Defendant’s office 20 days prior to the adoption of the above public prosecutor’s office.