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(영문) 서울중앙지방법원 2017.04.27 2016노3077
무고등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment for six months.

However, this judgment is delivered against Defendant A.

Reasons

1. The summary of grounds for appeal;

A. Although there is a little error in the part on the date and time of the crime in the accusation filed by Defendant A, Defendant A does not constitute an innocent crime, since the core or important contents of the accusation are consistent with objective facts, Defendant A’s submission of the accusation does not constitute an unaggravated crime.

2) Malicious perjury does not constitute perjury because Defendant A was present and testified as a witness of the case interfering with H’s business, on the ground that he did not make a false statement contrary to his memory.

3) Defendant A who attempted to commit fraud was actually at the end of March 2012.

Since H's act of interfering with H's act of appointing a lawyer and filing a lawsuit for compensation for damages, there is no fact that the court has obtained a favorable judgment by deceiving the court to obtain money.

B. The content that Defendant B appeared and testified as a witness of the case interfering with H’s work is not a false statement contrary to his memory, but a statement consistent with his actual experience.

2. Determination

A. A) On November 21, 2012, Defendant A requested the preparation of a complaint against H with a view to having H take criminal punishment at an attorney G law office located in the Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Gwangjin-gu”) around November 21, 2012.

The complaint is filed by the Defendant H, “IB, on March 27, 2012, is a building and has a large sound as follows: “IB, on March 16:30, 2012, is a building, and is not why is why it is.”

Although it is a building within the Republic of Korea, why is why you would be called as the head of the party branch of the president, why is hidden, 7 to 8 months, and rent of 17 million won for the 17th month, and interfere with the operation of the Appellant’s private teaching institute, and which has undermined the reputation of the Appellant, and thus has undermined the reputation of the Appellant.” The facts were as follows: H was found in Defendant A’s International Bopers Institute on March 27, 2012, and therefore, there was no fact that H interfered with the operation of the private teaching institute business or damaged Defendant A’s reputation.

Nevertheless, there is a need to do so.

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