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(영문) 전주지방법원 2018.02.08 2017노92
무고등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s misunderstanding of facts or misapprehension of legal principles, Defendant 1’s act of violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (1) was sent by the Defendant to the same text message as the facts charged (hereinafter “instant text message”), but it is insufficient to recognize that the evidence submitted by the prosecutor alone was false, and there was no perception that the Defendant was false.

The Defendant sent the message to the persons related to the industry in order to prevent the victim from committing a second offense, but did not intend to defame the victim, and sent the message individually to F and E, who had engaged in a long time in the game industry, so public performance cannot be recognized.

(2) The purport of the Defendant’s accusation of L without intention is that L is selling a game machine without registering the business of distributing L, and thus, it is not different from punishment. Since L is produced and distributed a game machine whose rating has been refused, it is different from punishment. Therefore, the Defendant did not have intention to do so, and there was no act of without intention to do so.

B) As to the 2017 senior order 595, L in the relevant civil litigation, the lower court, even though L had not actually concluded a sales contract with P, thereby deceiving the court by submitting a sales contract, etc.

There are reasonable grounds to suspect that the defendant has forged a sales contract, etc.

Since the victim was accused of fraud in the lawsuit with conviction, the defendant did not have intention to know.

2) The sentence of the lower court’s unfair sentencing (No. 1: 6 months of imprisonment, 2 years of suspension of execution, 1 year of protection observation, 100 hours of community service order, 20 hours of imprisonment, 8 months of imprisonment) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.

2. After the judgment of the lower court was rendered ex officio, the Defendant is all the judgment of the lower court.

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