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(영문) 대구지방법원 2012.11.20 2012노2059
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles: (a) around 12:00 on August 27, 201, C interfered with the Defendant’s business by putting music in a large frame at D resting area, engaging in the business of selling the car charter tape; (b) Defendant’s wife K paid KRW 3 million via G to prevent the above act; and (c) even if C remitted the said money to C, C had collected D resting area more than several times while demanding money; and (d) the Defendant filed a civil petition with the Korea Expressway and the Korea Expressway Corporation, the Defendant did not report false facts to the police.

② A written complaint that the Defendant requested a certified judicial scrivener to prepare was partially different from facts, stating that “C has sought money and valuables at the rest of a place where the Defendant operates, demanded money and valuables from the Defendant to receive additional money and other valuables, and had the Defendant and K take a bath to the Defendant and interfere with his business without giving money, etc.” However, this is merely an exaggeration of circumstances. After ascertaining the contents of the above written complaint, it is merely an exaggeration of circumstances, and it is necessary to request a certified judicial scrivener to correct it, but at the time of the police supplementary statement after submitting the written complaint, the Defendant stated that “C does not interfere with the business and request for additional money and valuables after receiving KRW 3 million.” In light of the contents of the above written complaint, C cannot be deemed to have been punished, and there was no purpose of having C subject to criminal punishment.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (fine 3,000,000) is too unreasonable.

2. Determination

A. Judgment 1 on the assertion of mistake of facts and misapprehension of the legal principles 11 is based on the evidence duly adopted and investigated in the original judgment and the trial court.

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