(영문) 서울동부지방법원 2016.11.10 2016노971

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2016.11.10 2016노971

무고

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Although the gist of the grounds for appeal contains true facts in part of the meeting materials, the court below convicted the defendant by misunderstanding facts, and convicted him/her of such facts, even though it did not have any awareness that the defendant's accusation was false, as it judged that the falsity or exaggeration of the defendant's act was adversely expressed, thereby impairing the reputation of the defendant.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant ex officio, according to the evidence, the Defendant was sentenced to a suspended sentence of one year on September 17, 2015 by imprisonment with prison labor for the crime of intimidation, etc. at the Seoul Eastern District Court on September 8, 2016, and the judgment became final and conclusive on September 8, 2016. As such, each of the crimes in the judgment of the lower court against the Defendant is in the concurrent relationship between the crime of intimidation for which judgment became final and conclusive under Article 37 (1) of the Criminal Act and the latter part of Article 39 (1) of the Criminal Act in consideration of equity, and thus, the lower judgment cannot be maintained further.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

B. On the other hand, the court below rejected the defendant's assertion of mistake of facts, based on the following reasoning: (a) it is clear that the defendant made a statement to the effect that the meeting data prepared by D and E was false in the course of making a statement by the complainant; and (b) the defendant made a statement to the effect that the meeting data prepared by D and E was true in the process of making a statement by the complainant; and (c) it is reasonable that the defendant made a statement to the effect that the above meeting data was true in fact; and (d) the defendant made a statement before punishing D and E, and thus rejected the defendant's assertion. Examining the reasoning of the court below

참조조문

-형법 제37조

-형법 제39조 제1항

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