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(영문) 대전지방법원 2015.09.24 2013노2259
무고
Text

Defendant

The appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, on April 6, 201, did not have made public notification of false facts with respect to F at the first floor of the Korea Savings Bank located in Daejeon Jung-gu, Daejeon on April 6, 201, as stated in the facts charged.

Nevertheless, since F made a complaint against the Defendant as a crime of defamation, F did not necessarily mean that F made a complaint.

B. The sentence of unfair sentencing (one year of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the record on the assertion of mistake of facts, namely, ① even according to the Defendant’s statement, the Defendant visited 1 floor of the D Savings Bank to meet F on April 6, 2011 (Evidence No. 547, 548 pages), ② The F had consistently found the Defendant as D Savings Bank around April 6, 201 in Daejeon District Court No. 201No. 1904 against the Defendant, and consistently stated that “The Defendant entered the D Savings Bank’s guest seat as of April 6, 2011, and “The Defendant was 0 U.S. customer interest rate and F’s corruption rate at the D Savings Bank at the time of 0 U.S.’s statement.” The Defendant stated that “The F will width all the F.S. customer interest rate at 10 U.S.’s seat at the time of 20 U.S.’s accusation,” and that the Defendant stated 14 U.S. prosecutorial savings to the same effect.

According to the SP image of the SP (CCTV) that took the inside of the DV bank at the time (Evidence No. 242 of the record), the Defendant was seated in the office located at around 10:28 of April 6, 201, and went to the office located at around 10:31 and went to around 10:32:36 of the office.

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