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(영문) 춘천지방법원 2018.06.01 2017노376
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not have any intention to make a false accusation because it was not false by misunderstanding the facts or misunderstanding the legal principles.

Even if it is false, according to the contents of the accusation stated in the complaint, the defendant himself/herself signed and sealed the letter of delegation contract of this case, and the contents of the complaint do not constitute a criminal offense (the crime of forging private documents). Therefore, the defendant's act does not constitute an offense of false accusation.

Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal doctrine.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Although the contents of the accusation stated in the judgment of the court on the assertion of misunderstanding of facts or misapprehension of legal principles are somewhat unclear, the whole of the “G would resolve the case only with actual expenses without giving the defendant an explanation about the retainers, success fees, etc.”

It appears to the purport that the Defendant made a false statement, and that he had affixed his signature and seal to the delegation contract of this case.

The contents of these complaints are considered to constitute a crime of forging private documents by deceiving the defendant as the person who signed and sealed the seal and allowing him to prepare documents against the defendant's will.

In addition, according to the evidence duly adopted and examined by the court, the defendant is found to have signed and sealed the delegation contract of this case with the knowledge of the success fee at the time of the formation of the delegation contract of this case.

Nevertheless, the defendant filed a false complaint with the purport that he/she will place his/her signature on the delegation contract of this case by deceiving G at all with respect to contingent fees, etc.

It does not seem that it does not appear.

Therefore, we do not accept the defendant's assertion of mistake or misapprehension of legal principles.

B. The sentencing of the Defendant may be considered after the judgment of the court below regarding the unfair argument of sentencing.

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