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(영문) 인천지방법원 2018.11.02 2018노703

무고교사

Text

The judgment below

The part against the defendant shall be reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Since the contents of the accusation as stated in the instant facts charged are true, the Defendant did not have the principal offender’s intent, and the Defendant merely assisted B at the request of B, and there was no intention to commit the crime.

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

B. The prosecutor 1) According to the evidence submitted by the prosecutor that found the Defendant not guilty of the reasons, the part that the Defendant “F caused F F to put up F’s buckbucks with F’s hand,” can also be found as not guilty of the teacher’s negligence.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination as to the assertion of mistake of facts between the defendant and the prosecutor

A. Summary of the facts charged 1) The primary defendant is the chairman of the Dong-gu apartment unit C in Kimpo-si, Kimpo-si, and B is the Dong-dong representative with the above apartment H-I D-E D-E representative, and F.

The Defendant filed an accusation against the Defendant and B as a crime of occupational breach of trust by raising an issue regarding the details of apartment construction, along with G, which is the place where the said apartment audit interest was charged by F, and the Defendant instigated B and instigated B to commit an indecent act by force.

It had been argued that false accusation was made.

On December 2, 2016, the Defendant stated that “F would sustain B’s hand, etc., and caused B to spread F’s bucks to F’s bucks”, and that “this fact is not true,” even though B had “this fact not been observed.”

하면 된다 ”라고 말하여 B으로 하여금 허위 고소하기로 마음먹게 한 후, 2016. 12. 12. 경 불상지에서, 「 피고 소인 F가 2016. 1. 28. 20:00 경 김포시 J에 있는 ‘K 식당 ’에서 C 아파트 동대표 회의 후 식사를 하던 중 B에게 “ 내가 운동을 많이 해서 허벅지가 딴딴하니 만져 봐라 ”라고 말하면서 B의 손을 잡아 F의 허벅지를 문지르게 하고, B의 손에 입을...