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(영문) 부산지방법원 2020.02.05 2019노1440

무고

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the event of mistake of facts or misapprehension of legal principles, Defendant 1 asserted only unfair sentencing on the grounds of appeal filed on June 12, 2019, which was within the period for submitting the grounds of appeal, but on the grounds of appeal as of June 12, 2019, there is a ground for misunderstanding of facts or misapprehension of legal principles as to the second and third instances, and the contents of the appeal are related to the first instance court. The content of each of the instant complaints by the Defendant is not false. The Defendant did not have any awareness of the falsity of each of the instant complaints. 2) The sentence of unfair sentencing (the first instance court: imprisonment with prison labor for 6 months, the second instance court: imprisonment with prison labor for 3 years, and the third instance court: imprisonment with prison labor for 4 months

B. The Prosecutor’s third instance court’s sentence is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

Defendant

In addition, the prosecutor filed an appeal against the judgment of the court below, and this court decided to hold a joint hearing of the appeal cases.

Each of the judgment below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

However, despite the above reasons for ex officio reversal, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court, and this is examined below.

3. In full view of the following facts and circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts or misapprehension of legal doctrine and the evidence duly adopted and investigated by this court, it can be sufficiently recognized that each of the instant complaints was false and that the Defendant had an intention to make an accusation by recognizing the falsity of the complaint.

Therefore, the defendant's assertion of mistake or misapprehension of legal principles is without merit.

(1) C shall be examined as witnesses in the related civil procedure.