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(영문) 대전지방법원 2015.07.15 2015노159
무고
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (the factual error, the unreasonable sentencing of Defendant 1) and the Defendant’s mistake of facts around March 31, 2009, Co., Ltd. H (hereinafter “H”).

(2) The judgment of the court below which convicted the defendant of the facts charged in this case is erroneous in misunderstanding of facts, and the punishment (one hundred, two years of imprisonment, two years of suspension of execution, and one hundred and twenty hours of social service) imposed by the court below on the defendant is too unreasonable, because there is no gap between the office of the defendant and the E, and there is no seal or seal to make a confirmation of facts on March 31, 2009.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below against the defendant is too uneasible and unfair.

2. Determination

A. In full view of the following facts and circumstances acknowledged in light of the judgment of the court below and the evidence duly admitted and examined by the court below as to the Defendant’s assertion of mistake of facts, it is reasonable to view that the Defendant filed a criminal complaint with a false fact for the purpose of having E criminal punishment, even though he/she was aware that he/she did not forge a written confirmation of facts on March 31, 2009 (hereinafter “written confirmation of facts of this case”), so the Defendant’s assertion of mistake of facts is not acceptable.

① The lower court’s witness E, K, J, and L consistently made a statement from the investigative agency to the lower court’s court consistent with the purport that “the Defendant affixed the seal of the Defendant created by the J at the H Office Co., Ltd., Ltd., on March 31, 2009.”

K and J seems to have already retired from H at the time of testimony, and there is no reason to make a false testimony even when they are at the risk of being punished for perjury.

(2) On January 6, 2009, E submitted as evidence in the case of a provisional disposition suspending the performance of duties, a copy of the Defendant’s driver’s license reproduced in black and white.

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