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(영문) 서울중앙지방법원 2019.08.16 2018노3485

무고등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts: (a) The Defendant was raped from C on March 22, 2017 and around June 13, 2017 from C; and (b) only stated the fact of such damage as is, and does not constitute a crime of false accusation on the ground that it did not falsely reported to the investigation agency.

② In relation to defamation, the Defendant stated true facts, which is solely for the public interest, and thus, illegality is excluded in accordance with Article 310 of the Criminal Act.

Nevertheless, the judgment of the court below which found the defendant guilty of false accusation and defamation is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court also made the same assertion as the grounds for appeal in this part, and the lower court rejected the Defendant’s allegation in detail on the part of “the judgment on the Defendant’s assertion” in the written judgment.

The judgment below

Examining the reasoning of the lower court in comparison with the evidence duly adopted and examined, the lower court, along with the relevant legal doctrine, reported the false fact that the Defendant was raped by C twice at the time between March 22, 2017 and June 13, 2017, and determined that the Defendant had not been raped by C, and the lower court determined that the Defendant had publicly false facts. In so doing, the lower court did not err by misapprehending the facts as alleged by the Defendant, thereby adversely affecting the conclusion of the judgment.

This part of the defendant's assertion of mistake is without merit.

B. The case where illegality under Article 310 of the Criminal Act is dismissed pursuant to Article 310 of the Criminal Act shall be limited to the case where the act of Article 307(1) of the Criminal Act is true and solely for the public interest, and the defendant’s act is limited to the case where the act of the defendant is committed.