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(영문) 서울남부지방법원 2017.04.21 2016노2131
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the instant facts charged on the basis of the statement of C, E, and G with no credibility although the content of the written complaint prepared by the Defendant by the misunderstanding of facts is not false.

Therefore, the court below erred by misunderstanding the facts.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the court below is justified in finding the defendant guilty of the facts charged in this case, and there is no error in the misapprehension of the facts alleged by the defendant.

Therefore, the defendant's assertion of facts is without merit.

(1) On November 15, 2011, the head of the office of the D Patent Attorney who filed a patent application under the name of the Defendant jointly with the Defendant, and the head of the office of the D Patent Attorney entrusted with the patent application, is consistently delegated by the investigative agency and the court of original instance to the Defendant’s joint patent application duties.

was stated.

(2) At the time, E was engaged in the Defendant’s other patent-related work for more than 10 years, while discussing the joint patent application.

In collusion with E at the time of the initial delivery with C, it is difficult to find any specific probability and motive to give perjury by making a false application for patent and preparing a false mera in collusion with E at the time of the initial delivery.

Moreover, it does not seem that the patent attorney D or E has special benefits by having a joint patent application, not a separate patent application, under the name of the defendant.

(3) At the request of the Defendant, C entered into a contract with the Defendant to sell the straw machinery after research together with the Defendant. In the process, C entered into the contract to sell the machinery to the Defendant.

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