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(영문) 서울중앙지방법원 2015.10.23 2015노1906
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of false accusation as stated in Article 2 of the decision of the court below, the Defendant is not a false complaint since the overall acquisition contract of this case was formally prepared for the purpose of collecting the outstanding amount to the customers of I’s application for the national book business and for the collection of the outstanding amount to H, and it was not actually prepared. Thus, it is null and void that H’s assets were transferred to the defendant by the comprehensive acquisition contract of this case.

B. The sentence imposed by the court below on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended sentence, two years of social service, 280 hours) is too unreasonable.

2. Determination

A. In the original judgment, the defendant asserts that he is identical to this part of the grounds for appeal, and the court below rejected the above argument in detail under Paragraph (2) under the title "the judgment of the defendant's intention to commit a crime without fault". In comparison with the above judgment of the court below, the judgment of the court below is just, and the judgment of the court below is not erroneous, and there is no error of law affecting the conclusion of the judgment by misunderstanding the facts, and each statement of the witness K and G of the court below is insufficient to reverse the above fact-finding and judgment of the court below.

This part of the defendant's assertion is without merit.

B. The Defendant’s crime of false accusation, such as the instant crime, committed by the Defendant on the assertion of unfair sentencing, is a crime that undermines the proper function of the State’s penal authority and imposes a risk of illegal criminal punishment. In addition to the instant complaint, the Defendant is also under the unfavorable circumstances against the Defendant that the Defendant suffered damages, such as repeated accusation against the Defendant against the victim, who repeatedly received criminal investigations during a long period of time, and that E and F continuously wanted to receive criminal punishment against the Defendant.

In light of this, the defendant is sentenced to a suspended sentence as a patent attorney.

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