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(영문) 광주지방법원 2016.07.20 2015노2749

무고등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts and misunderstanding of legal principles (A) 2014 high order 1792, Defendant 1) was aware of the victim D, but she did not dance as she did, as stated in this part of the facts constituting the crime, she did not her face of the victim D.

2) However, since the victim D filed a complaint against the defendant under the charge of assault, it cannot be deemed that the defendant reported false facts that the defendant filed a complaint against the victim D with the suspicion of assault.

3) Even if the Defendant filed a complaint against the victim D, some of the objective facts are different from those of the victim D.

Even if the defendant had no awareness of falsity, there was an intentional act on the part of the defendant.

subsection (b) of this section.

(B) As to the instant case No. 2014 High Order No. 1856, D, E, G, and L embezzled KRW 42 million of the public funds of the Saemaul Complex C (hereinafter “CI”) and, in order to avoid such embezzlement, each of the instant LI’s bank’s bank account copies, E’s loan-related documents, loan-related account (original money, interest account), and N’s lease agreement.

2) Therefore, it cannot be deemed that the Defendant reported false facts that he/she filed a criminal charge, such as embezzlement, fabrication, or fabrication of private documents.

3) Even if the fact that the defendant filed a complaint is contrary to objective facts, the defendant had a reasonable doubt through a thorough examination, and thus, the defendant had no awareness of the falsity, and thus there was an intention to make a false accusation.

subsection (b) of this section.

(2) The sentence of the lower court’s unfair sentencing (two years of suspended sentence for one year of imprisonment, two years of probation observation, and forty hours of community service order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. (1) Determination as to the assertion on Defendant (1) 2014 High Order 1792 (Ga) also asserted the same purport in the lower court.

The lower court.