logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2014.02.19 2013노1150
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (a false accusation against perjury) filed a complaint with H as a perjury by mistake, and there was no intention to make an accusation. 2) In light of the various sentencing conditions of unfair sentencing sentencing, the lower court’s sentence (a fine of KRW 1,00,000) is too unreasonable.

B. According to the prosecutor 1) misunderstanding of facts (a mistake of facts as to the forgery of private documents and the uttering of private investigation documents) H and J, etc., the court below found the Defendant not guilty of this part of the facts charged, despite the fact that the Defendant has forged and used an investment agreement as stated in this part of the facts charged, and found the Defendant not guilty of this part of the facts charged. 2) In light of all the sentencing conditions of unfair sentencing sentencing, the sentence of the court below

2. In the case of an ex officio accusation, confessions constituting the grounds for a necessary reduction or exemption of punishment refer to the confessions that a person reports false facts to a public office or a public official for the purpose of having a criminal punishment or disciplinary punishment imposed on him/her, and the mere fact that the reported contents are not merely contrary to objective facts, does not constitute it. The argument that the defendant's accusation of another person is due to an error is merely an assertion of mistake of facts that denies the criminal intent, and it cannot be deemed that the confessions or number of allegations that are the grounds for a necessary reduction or exemption of punishment

(2) In light of the above legal principles, the court below found the defendant guilty of the above accusation and mitigation of confession. The court below found that the defendant reported his false facts in relation to the accusation of perjury in the facts charged in this case to the prosecutor's office and the court below, but argued that there was no intention to make a false accusation. The court below found the defendant guilty of the above accusation and found it guilty.

arrow