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(영문) 의정부지방법원 2014.10.16 2014노1244
무고
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) In light of the fact that the Defendant had a claim of KRW 60 million against H by mistake and misapprehension of legal principles, the Defendant’s accusation was somewhat exaggerated, but it cannot be deemed false or no intention exists to make a false accusation. Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged in the instant case is erroneous by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The sentencing of the court below on the grounds of unfair sentencing (a fine of KRW 5 million) is too unreasonable.

B. The sentencing of the lower court (the fine of KRW 1.5 million) is too unreasonable.

2. Determination

A. As to the grounds for appeal by Defendant A, the lower court duly adopted and investigated the following circumstances, namely, ① the Defendant, who was a member of the church of this case (hereinafter referred to as “H”) of the church in order to sell the church of this case and move the church to another church, has a share in the church for 40 years, and continued to request for a change in part of the purchase price. On December 15, 2011, H made a false request for a change in the number of the members of the church, and on December 15, 201, “H would pay KRW 20 million out of the deposit or sell the building of the above GG church to the Defendant if the building of the above GG church would be sold to the latter, or on March 8, 2012, by taking advantage of the fact that “H would receive KRW 60,000 from the Defendant’s prosecutor’s office the new building as security and receive KRW 600,000,000,000 from the Defendant’s church.”

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