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(영문) 서울서부지방법원 2018.12.20 2018노1335
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the defendant did not know that he did not know D (misunderstanding of facts) and that he was sentenced to imprisonment with prison labor (4 months) by the court below against the defendant.

2. Determination

A. The Defendant alleged the same purport as the grounds for appeal in the lower court’s determination as to the assertion of mistake of fact, and the lower court rejected the judgment on the above assertion under the summary of the third evidence of the lower judgment’s text.

Examining the above judgment of the court below in comparison with the records of this case, the judgment of the court below is just and it is erroneous in the misapprehension of law as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

Therefore, the defendant's assertion of mistake is rejected.

B. The crime of false determination on the crime of sentencing is a criminal justice function, such as causing enormous interference and confusion with the State’s proper investigation function and trial function, and unnecessary social costs are added, while there is a need for strict punishment in which the accused is at risk of being subject to unfair punishment, and the accused’s refusal to commit the crime of this case is not against the accused. However, in full view of the following factors: (a) the accused’s withdrawal of the complaint against the accused and the accused did not subject to criminal punishment; and (b) the accused’s age, sexual behavior, environment, family relationship, motive and consequence of the crime, etc., it cannot be said that the lower court’s punishment against the Defendant is too unreasonable compared to the Defendant’s act and responsibility (On the other hand, according to the record, the amount of additional collection by the Defendant J is collected on July 25, 201, KRW 1.4g, KRW 350,000, KRW 2008, KRW 3008, KRW 4008,7. 205g. 2008).

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