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(영문) 대전지방법원 2015.04.09 2014노608
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts C has stolen a defendant's identification card and a seal imprint and forged a mortgage contract, the defendant did not dismiss C, and even if it is true that the defendant found in the E judicial scrivener office and prepared a mortgage contract, the defendant is suspected of C as above because he did not directly find the above certified judicial scrivener office, so the defendant did not have any awareness that it is false, and there is no intention for the defendant.

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

2. Determination

A. According to the evidence duly admitted by the court below as to the assertion of mistake of facts, the part of the defendant's name "A" stated in the document establishing a right to collateral security (Evidence 65 pages of evidence) is evaluated as having been recorded in writing by the defendant after observing the specificness of the defendant's unique character, such as the appearance, the size of the appearance, and the size of the character, and the arrangement of self-caping, etc., in light of the following: (i) whether the defendant's seal imprint, etc. stolen and forged the document establishing a right to collateral security; (ii) whether there was a false awareness of the defendant; and (iii) in the crime of false accusation, the "report of a false fact" refers to the defendant's awareness or doluence that the reported fact goes against the objective fact; and thus, even if it is inconsistent with the objective fact, it should not be established as a crime of false accusation if the reporter is aware of the objective fact that the reporter is true, or there is no possibility of false or false report even if the reporter knows knows.

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