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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant’s defense counsel’s allegation of mistake on July 20, 2015, which was submitted after the deadline for submitting the appellate brief or misunderstanding of legal principles, cannot be a legitimate ground for appeal due to a new assertion that was filed later than the deadline for submitting the appellate brief. As such, the foregoing ground for mistake of facts shall be considered to the extent that it supplements the grounds for appeal stated in each appellate brief as of May 18, 2015 and June 9, 2015.
The defendant believed that he is a fact that he is a defendant of A, and made a written petition in accordance with it, and there is no fact that he aids and abets A to make a false accusation.
Nevertheless, the court below found Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.
B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following facts and circumstances acknowledged by the court below and the court below's duly adopted and investigated evidence as to the assertion of mistake of facts and misapprehension of legal principles, the defendant can be recognized as having instigated A to avoid L inspection as stated in the facts constituting a crime in the judgment below. Thus, the above argument by the defendant is without merit.
(1) On November 22, 2013, the Defendant: (a) sought to talk about A’s receiving a witness investigation on the F criminal case from Seongdong-gu (hereinafter “A”); and (b) paid A KRW 1 million.
Since then, the defendant made a statement to A that he prepared to pay a petition against LA.
Before December 2013, Sheet A prepared and sent the draft of the petition to the Defendant at the request of the Defendant that the draft of the petition be sent, and the Defendant sent it to A4 to Kakakao A. The Defendant modified the draft and the “L Prosecutor” amended the draft.