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(영문) 창원지방법원 2013.08.14 2013노767
무고
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor of mistake of facts, the part concerning insult of August 4, 2012 (hereinafter “this part of the facts charged”) can be sufficiently recognized.

Nevertheless, since the court below rendered a not guilty verdict on this part of the facts charged, it erred in the judgment of the court below which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (a fine of 1.5 million won) is too uneased and unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. On August 20, 2012, the summary of the facts charged in this case submitted to the public service center of the Kimhae-si Police Station in the Kimhae-si, Kimhae-si, Kim Jong-si, 2307, and to the effect that “The defendant defendant C, at around 11:00 on August 4, 2012, when the members of the apartment association of the apartment association of the senior citizens (hereinafter “the apartment of this case”) are heard, the defendant, while the members of the apartment association of the senior citizens are heard, insulting the complainant to the purport that “the senior citizens association of the senior citizens association of the senior citizens,” and made a statement to the same effect on August 11, 2012 to the police officer in charge of this case (hereinafter “the complaint of this case”).

However, the facts are the fact that the defendant made abusive and verbal abuse to C at the above time and place, but C did not have any desire to make the defendant as above.

Accordingly, the defendant did not appeal C.

B. In full view of the evidence as indicated in the lower judgment, the lower court found the Defendant guilty of the part of the instant facts charged, which found the Defendant guilty of “C’s insult of the Defendant on August 11, 2012,” and only the remaining evidence submitted by the Prosecutor, as to this part of the facts charged.

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