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(영문) 대전지방법원 2016.11.02 2016노1420
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant of mistake of facts only reported the facts consistent with the truth, and there is no false accusation as stated in the judgment below by making a false accusation as stated in paragraphs 1 and 2 of the facts constituting the crime.

C As the case subject to review (the Daejeon District Court 2010 High Court 2010 High Court 531 High Court 201 High Court 2008 High Court 2008 High Court 1321 High Court 201 High Court 2008 High Court Mada132

1) As to the accusation of fraud of Paragraph 1 C of the crime in the holding of the court below, as stated in the judgment of the court below, C refers to the state-owned land that was leased by the State to the defendant, and received the deposit by leasing it to the defendant. Even if it is not recognized that the State-owned land that was leased by the State cannot be leased to another person, it can be deemed that C was deceiving the defendant. Therefore, as to the accusation of larceny of Paragraph 2 of the crime in the judgment of the court below, as to the complaint of larceny of Paragraph 2 of the crime in the Daejeon District Court Decision 2009Na19312(2) in the Daejeon District Court Decision 209Na19312(2) which was brought against the defendant, according to the witness X's statement in the case of the Daejeon District Court Decision 2009Na19312(2), it was true that C had been a ship owned by the defendant on the ground of the land of this case, and there was no person who could have been access to the above greenhouse, and

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged based on the evidence duly adopted and examined by the lower court of Paragraph (1) of the facts constituting the crime in the judgment of the lower court as to the assertion of mistake of facts, the Defendant may fully recognize C’s false facts by submitting a false accusation with intent as stated in the judgment of the lower court.

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