logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.06.12 2019노3517
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant did not memory the fact directly signed in the labor contract of this case and did not have an intention to report it to an investigation agency, the court below found the defendant guilty of the facts charged of this case by mistake of facts and thereby affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court determined that: (a) the Defendant filed the instant complaint without clear confirmation that the details of the instant complaint were true without demanding B to submit the original copy of the labor contract in 2016 or verifying the forgery by filing an application for written appraisal of the said labor contract; and (b) it is reasonable to deem that there was an willful negligence in reporting false facts for the purpose of having another person subject to criminal punishment. (1) The lower court stated in the investigation agency that “B prepared the labor contract in 2016 with the employment of a new teacher within 14 days and submitted it to the Gu office” before submitting the said labor contract (Evidence No. 51-52, 85 of the evidence records). In light of the fact that the employment contract was prepared with respect to the Namdong-gu Incheon National Office, Incheon National Assembly’s employment contract as a result of the verification of the employment contract, and that there was no intention to have another person reported false facts for the purpose of having a criminal punishment against the Defendant.

arrow