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(영문) 서울중앙지방법원 2013.06.28 2012노2907
퇴거불응등
Text

All the decisions of the first instance court are reversed.

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant: Error of facts (as to the crime of false accusation (2012No4048), Defendant C, D, and E are all true, and even if not, there was no criminal intent to dismiss Defendant Defendant’s complaint) and unfair sentencing (as to each crime on the basis of false accusation (as to each crime on the basis of false accusation).

Prosecutor: Unfair sentencing [No. 2012No. 4048 case]. 2. The decision of this court

A. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, this Court decided to hold a concurrent trial by examining each appeal case against the first instance judgment. Each of the above offenses, which the first instance court found guilty, in relation to concurrent offenses under the former part of Article 37 of the Criminal Act, must be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. As such, due to the subsequent change in circumstances, the first instance judgment against the Defendant cannot be maintained any longer.

However, despite such reasons for ex officio destruction, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.

B. The following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court on the Defendant’s assertion of mistake of facts (1) (i) Of the Defendant’s complaint, C and D paid the Defendant the rent of the instant store from July 1, 2003 to June 30, 2005, the lease deposit amount of KRW 20 million each month in the form of a monthly rent of KRW 80,000,000, and the monthly rent of KRW 800,000 was not converted into a monthly rent contract during the lease period (i.e., the monthly rent reduction), and the Defendant also paid the rent from July 2008 pursuant to the monthly rent contract.

On January 2008, the Ministry of Land, Transport and Maritime Affairs issued an official letter to register business and report value-added tax.

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