logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.09.20 2018노894
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. E is a true fact that, while resolving the problem of the tenant, the defendant carries blanks, name, etc. with less blanks, the defendant brought a certificate of the defendant's seal impression between the place of application for the issuance of the certificate and then forged the instant agreement and brought a civil action. Thus, the defendant's complaint cannot be deemed as false.

B. The sentence of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant argued that the facts charged were the same as the grounds for appeal.

① After receiving the successful bid of the instant real estate, the lower court found the Defendant guilty of an act identical to the facts charged, comprehensively taking account of the following: (a) the process and details of the consultation with the Defendant, the reasons why the instant agreement was prepared with the Defendant and the circumstances leading up to the preparation; (b) the data submitted by E to an investigative agency (information on auction-related data, data on the contents prepared or notified in the course of consultation between E and the Defendant, and data on the issuance of the Defendant’s certificate of seal imprint; and (c) the Defendant’s assertion is difficult to obtain it formally

Examining the evidence of this case closely, the above judgment of the court below is just, and the defendant's assertion of forgery is not persuasive in light of the contents and location of the agreement of this case.

The defendant's assertion of facts cannot be accepted.

B. In that the offense of false facts is deemed to disrupt the State’s criminal justice function by reporting to an investigation agency on false facts, and the risk of criminal punishment against a person who is in danger of criminal punishment, there is a need to strictly punish such offense due to bad nature of the offense, and the Defendant may not make any assertion that is difficult to obtain and reflect on the offense.

However, the defendant's arguments are rejected as a result of the investigation.

arrow