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(영문) 부산지방법원 2018.04.27 2017노4065
무고
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles) and misunderstanding of the legal principles, the Defendant actually received a intimidation call, such as, during a short period of five to six times, that the Defendant would inflict harm on the Defendant and his/her family members, and it is true that, as to the timing and frequency of receiving the intimidation call, the details stated in the complaint are somewhat different from objective facts, but the Defendant made a letter of performance of the said agreement, which was fright to the said intimidation of the Defendant.

Nevertheless, there was no such intimidation call by the accused, and the accused reported false facts beyond the mere exaggeration of the reported fact by the accused.

In light of the facts charged in this case, the court below erred by misapprehending the legal principles or misunderstanding the facts.

2) The sentence sentenced by the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. The Defendant alleged the same purport in the lower court’s determination as to the assertion of mistake of facts, and the lower court rejected the said assertion in detail, stating in detail the judgment on the assertion of the Defendant and the defense counsel.

In addition to the following circumstances revealed by the evidence duly adopted and examined by the court below in detail, the defendant's accusation of a person without the same content as the criminal facts stated in the judgment of the court below is deemed to include false facts as to part of the reported facts since the defendant received calls from the person without the victim prior to the preparation of the letter of commitment to the above agreement several times, although the defendant's falsity was merely exaggerationd.

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