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(영문) 서울서부지방법원 2016.03.18 2015노1946
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, although the Defendant did not mention “drugs addiction” and “he hospital expenses” to C, and the Defendant did not say that “I would report to the Eunpyeong-gu Office, etc. without agreement”, C did not make such remarks in the case of violation of the Punishment of Violences, etc. Act (hereinafter “related conflict case”) against the Defendant in Seoul Western District Court 2012 High Order 2012 High Order 2171 (Seoul Western District Court 2171) (hereinafter “relevant conflict”).

Since the above evidence was issued, C was an accusation of perjury, not a false fact with C.

B. The sentence of the lower court’s improper sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances, which can be recognized by the lower court based on the evidence duly admitted and investigated by the lower court as to the assertion of factual mistake, i.e., (i) when not only the investigation agency and court of the relevant public conflict case, but also the investigation agency and court of the instant case, and consistently found D to be a hospital, the Defendant stated to the effect that D was addicted to drugs and its hospital expenses amount to KRW 1.8 million, and that the Defendant reported to the Eunpyeong-gu Office, broadcasting station, and food and medicine office unless agreed with D.

A reasonable circumstance to suspect the credibility of the above statement is not found, and ② D, as well as not only the investigation agency and court of the relevant public conflict case, and also the investigation agency of the instant case, has consistently sought money by threatening C in collusion with the Defendant and the Defendant’s wife E.

The statement, 3. E is the defendant's person who made a confession of a joint crime of intimidation in collusion with the defendant and D, and thereby, the punishment of a fine of 4 million won is finalized upon the sentence (Seoul Western District Court Decision 2013Dang2013, 849, 2013 No. 921). 4. As to the health center operated by C, the preparation of the civil petition documents received by the Eunpyeong-gu Office in the name of Eunpyeong-gu Office shall be made by the defendant.

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