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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2012.11.08 2012노4135
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The defendant, at the request of C on May 19, 2006, misjudgments the fact that he only made the name, etc. in blank, and there was no fact that C made the certificate of borrowing, power of attorney, and promissory note. Thus, the judgment of the court below which found the defendant guilty of the crime of false accusation is erroneous.

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

2. Determination

A. The following facts are acknowledged by evidence duly adopted and examined by the court below as to the assertion of mistake of facts: ① According to the results of written appraisal in civil cases (U.S. District Court Decision 2010No367917) filed by C against the defendant, the following facts are deemed to be identical to the penology of the defendant's penology and the defendant's penology and penology in both the names, amount column, and the defendant's penology and penology. The penology stated in the Promissory Notes and the power of attorney are not either flick or glick, but glick, etc., c has been consistently adopted by the investigation agency to the original court, and C has consistently been punished by 30 million won with the defendant in internal relation, and there was conflict between the defendant and the defendant's office due to the defendant's conduct, and the defendant's future promise or promise to be delivered by the defendant, and the defendant has been issued with C/U.300 within 500,000,000 won, respectively.

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