(영문) 창원지방법원 2020.12.11 2020노946 | 리걸엔진

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(영문) 창원지방법원 2020.12.11 2020노946

무고

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The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant appeared and testified as a witness in the above court’s case No. 2015 Gowon District Court No. 215 at the court around May 13, 2015 (hereinafter “instant testimony”) around May 14:20, 2015.

(2) Of the testimony that ① the time of the oral trade agreement with C was the beginning of 2012, ② the Defendant entered into R along with D around January 9, 2012, ③ the statement that 200 million won was not E but the Defendant was the first police officer in early 2011, and only the Defendant was accused of perjury. Nevertheless, the prosecutor prosecuted the Defendant on the charge of perjury, including whether the Defendant entered into a trade agreement among the testimony in the instant case, and whether the Defendant was given KRW 200 million out of the C purchase price, and whether the Defendant was given the delivery of KRW 200 million out of the C purchase price. The lower court found the Defendant guilty of all the facts charged in the instant case by misunderstanding the Defendant’s details and purport of the Defendant’s complaint. According to the Defendant’s memory, the time of the trade agreement with C was not early 2012, and around January 9, 2012, the Defendant did not directly visit the Defendant and did not directly deliver KRW 200 million to I.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the Defendant, at the lower court, has made almost the same assertion as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion

Examining the reasoning of the judgment below in comparison with the relevant legal principles and the evidence, the judgment of the court below is just and there is no error of law by misunderstanding facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The buyer is related to the Defendant’s assertion on unreasonable sentencing in order to find the inspection that the Defendant had operated.

유사 판례

-창원지방법원 2013.08.13 2013노45

-부산지방법원 2017.10.18 2017고정688

-수원지방법원 2013.02.22 2012고합548

-수원지방법원 여주지원 2016.08.25 2014고합83

-서울고등법원 2019.01.18 2018노2102