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(영문) 부산지방법원 2018.02.02 2017노3370
무고
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 was prepared and submitted by the Defendant’s misunderstanding of facts, and the Defendant did not have all participated in the preparation and submission of the above written applications, but the lower court found Defendant guilty of the facts charged in this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (two-month suspended execution of imprisonment with prison labor for a period of ten months, one hundred and sixty-hours for community service) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. The court below rejected the Defendant’s assertion as to the Defendant’s assertion of mistake on the same grounds as the instant appeal at the court below, and on the premise that the Defendant directly prepared and submitted the above complaint to the Busan District Prosecutors’ Office on September 11, 2015 (No. 73580), on the premise that the Defendant appeared in the name of the Chief of Staff of the Republic of Korea as a witness of the Defendant, and submitted two copies of the Defendant’s accusation to the Ministry of National Defense in relation to the Defendant’s submission of the instant complaint to the District Prosecutors’ Office on September 11, 2015 (No. 2015 type No. 73580), and that the Defendant appeared in the name of the Chief of Staff of the Republic of Korea and submitted two copies of the Defendant’s complaint to the Minister of National Defense (No. 2015 type No. 73580), respectively, as a witness of the Defendant’s military prosecutor’s office.

Defendant only made a statement, and Defendant.

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