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(영문) 제주지방법원 2014.10.02 2014노412
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case of mistake of facts, KRW 2 million that the Defendant received from G is not the F criminal case agreement but the F criminal case agreement, but the expenses necessary for the agreement or the cost necessary for the agreement.

After receiving two million won from the defendant, the defendant has endeavored to reach an agreement, and the defendant has not completed his/her duties as he/she was detained separately by law.

Even if there was a deceptive act by the Defendant, G should be deemed to have no causal relationship between G money delivery, insofar as G stated that it was not the belief of the Defendant.

The judgment of the court below that found this part of the facts charged guilty is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: ① G has high credibility by consistently making a specific and consistent statement that the Defendant paid KRW 2 million to the victim of F’s criminal case by accepting a written agreement or an application for a written agreement by having the victim receive an application for a b million won; ② the Defendant, who is detained on October 30, 2013, requests the F to change the period of two weeks to the F on the trial date (F on November 4, 2013) so that the presiding judge may reach an agreement, the Defendant would receive the written agreement and the application for a 2 million won from F’s female job offers; ③ the Defendant appears to have reached an agreement between the victim and the victim on the same day and the victim on the same day; ③ the Defendant, in a situation where F’s criminal case was attempted rape, would not directly agree with the victim in the criminal case at the end of 200,000 won, 300,000 won under the direct agreement between G and F.

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