(영문) 광주지방법원 2016.12.21 2016노1568 | 리걸엔진

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(영문) 광주지방법원 2016.12.21 2016노1568

무고

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (Misunderstanding and misunderstanding of legal principles) paid the installment payments and card payments to D’s wife E upon request by D to lend money.

Therefore, the contents of the complaint submitted by the defendant while filing a complaint against D and the statement made by the investigation agency are not false.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

B. The prosecutor (unfair punishment) sentenced by the lower court to the Defendant (two years of suspended execution for six months of imprisonment, and two hundred hours of community service order) is too unreasonable.

2. Determination

A. (1) The lower court found the Defendant guilty of the instant facts charged in full view of the adopted evidence.

(2) The lower court’s aforementioned determination is justifiable in view of the following circumstances revealed by the evidence duly adopted and examined by the lower court and the lower court.

Therefore, the defendant's assertion is without merit.

① Around January 9, 2015, D stated that there was only a reply from the investigative agency to the fact that the Defendant, who visited him/her to a prison, was a member of the party to be a member of the party to be a member of the party, by speaking that he/she would assist him/her in his/her daily living expenses, etc.

(Evidence Records 53, 197, 208, 31, 32, 34 of the trial records, etc.). (2) Even though E was in a inhuman relationship between investigation agency and investigation agency from September 2014 to April 2015, it stated that: (a) the Defendant provided money on his/her own as security deposits or card payments; and (b) the Defendant provided that he/she provided money on his/her own as security deposits or card payments; and (c) provided that he/she provided any other knick card so that he/she can be dried up with it.

(Evidence Records 140, 141, 43 to 47 et al.) The fact that the Defendant had in a non-humanity relationship E during the above period is recognized.

유사 판례

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