(영문) 수원지방법원 2017.08.23 2017노536 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.08.23 2017노536

무고

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant did not have assaulted C, D, and E with a siren on November 3, 2015.

Therefore, the accusation submitted by the defendant to the Seoul Central District Public Prosecutor's Office around May 20, 2016 is not false.

Nevertheless, the court below judged that the above complaint was false and found guilty of the charges of this case. The court below erred in the misapprehension of facts.

B. The Prosecutor’s sentence (two years of suspended sentence for six months of imprisonment, the observation of protection, and 40 hours of alcohol treatment lectures) of the lower court is deemed to be too uneasible and unfair.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant alleged that he assaulted C, D, and E with a siren on November 3, 2015, and that the Defendant did not have assaulted as above, and that the Defendant filed a complaint with the Seoul Central District Public Prosecutor’s Office’s Office of Public Prosecutor around May 20, 2016, stating that he did not have assaulted C, D, E, and F with a false accusation and perjury. Accordingly, the Defendant’s charges of this case are sufficiently found guilty.

Therefore, the defendant's assertion is without merit.

B. The instant crime of determining the prosecutor’s improper assertion of sentencing is not a good crime that disturbs the nation’s criminal justice function by reporting false facts to an investigation agency, and causes the Defendant’s novels to disrupt the risk of criminal punishment.

However, in full view of the following facts: (a) the Defendant has no record of criminal punishment for the same crime; (b) the Defendant has no record of criminal punishment for the same crime after 1989; and (c) the Defendant has no record of criminal punishment for the suspension of execution or more; and (d) other various sentencing conditions specified in the instant pleadings, such as the character and conduct of the Defendant, the motive, means, and consequence of the crime; and (b)

3. Conclusion.

유사 판례

-의정부지방법원 2013.09.03 2013고단2239

-대법원 2017.05.30 2015도15398

-수원지방법원 여주지원 2017.01.13 2016고단1068

-춘천지방법원 원주지원 2018.04.11 2016고단1054

-수원지방법원 2017.08.17 2017고단1033