beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles do not have any fact that the Defendant did not prepare the instant agreement, and there is no fact that the Defendant waived the remaining claims against C, D, etc., and it is not false fact that the Defendant filed a complaint against C, D, etc., and there is no intention to commit a false
Nevertheless, the lower court found the Defendant guilty on the charges of this case and thereby erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. The sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the court below's legitimately adopted and examined the argument of mistake of facts, namely, the seal of the defendant is affixed to the agreement of this case, and the defendant's withdrawal of compulsory execution prepared on the same date as the date of the preparation of the agreement of this case also affixed the seal of the defendant; the defendant also at the prosecutor's office that "D was delivered on the date of the preparation of the agreement of this case and thereby, C was withdrawn from auction after receiving the money of 2.4 million won. There is no other person's seal impression." D stated at the investigative agency and the court of the court below that "W did not have any lost seal stamp," written the agreement of this case around June 28, 2010 and went back to the office of execution by preparing the contents of the agreement of this case's investigation agency and the court of the court below, and it shows that the defendant only read the agreement of this case and affixed a seal on his name and affixed it, and there is no other reason to recognize credibility."
In addition, even if the defendant has filed the complaint of this case according to his memory, it is false in the crime of false accusation.