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(영문) 의정부지방법원 2018.12.06 2018노672
무고
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. Comprehensively considering the evidence of Defendant C and D’s attempted attempt to commit the instant golf practice, Defendant C’s attempt to make the instant case at a price lower than the market price by threatening Defendant C through the media as if it were known to the media. Even if Defendant C had a 50% share in the said golf practice hall, it can be acknowledged that Defendant C had a 50% share in the said golf practice hall.

In light of the fact that it was intended to transfer 50% of the shares of I by intimidation, there was an intention of unlawful acquisition.

may be appointed by a person.

B. According to the evidence of accusation against Defendant A, B, and C, the date of occurrence of the instant case is around May 22, 2013, and even if the Plaintiff did not have kisced from the view of Defendant A, the court below erred by misapprehending the legal principles on the interpretation and reliability of evidence and by misapprehending the legal principles on the crime of false accusation, on the ground that the Defendants conspired on June 22, 2013, which was after the date of occurrence of the instant case, and added false facts that the Defendants kid from Defendant A to Defendant A’s kis.

(c)

Defendant

Defendant B had been aware that the contents of the instant complaint were false, thereby impairing I’s honor by reporting false facts to the media.

In addition, the court below's finding Defendant B as a statement of fact for the public interest is unfair since it is deemed that the act of arbitrarily interpreting Defendant B's intention and reporting facts which have not been verified for the formation of public opinion constitutes an act for the public interest.

(d)

Defendant

Defendant E actively cooperates in order to provide C with information that could threaten I, and at the time Defendant E is the H golf course.

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