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(영문) 부산지방법원 2020.07.24 2019노3877
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant submitted a written complaint to the effect that he/she would not know about the provisional registration system, etc., he/she could not be deemed to have had a false intention to the Defendant.

Nevertheless, the court below which found the defendant guilty of each of the facts charged of this case has erred by mistake of fact.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts 1) According to the evidence duly admitted and examined by the lower court and the lower court, the following facts may be acknowledged. ① The Defendant is deemed to be the land of this case on April 23, 2014 (hereinafter “instant land”).

(2) On April 30, 1984, part of the instant land was owned by K and H respectively. On December 29, 2014, the Defendant completed the registration of transfer of ownership on the ground of a contract for transfer of ownership on April 30, 1984 with respect to H, and on April 23, 2015, the Defendant completed the registration of transfer of ownership on the ground of each reservation with respect to the share of 37/103 out of the said land, and on April 23, 2015 with respect to H, with respect to the share of 16/103 out of the said land as indicated in the facts charged in the instant case, the Defendant filed a written complaint with K and K family members, and the written complaint with respect to H on July 11, 2017, and submitted a written complaint with respect to H on June 13, 2018 to each investigation agency, even if any false report or false report was filed with respect to part of a public office or public official for the purpose of criminal punishment or disciplinary action.

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