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(영문) 부산지방법원 2020.11.13 2020노1308

무고

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual errors and misapprehension of the legal principle), the evidence submitted by the prosecutor, the defendant can sufficiently recognize the fact that the defendant reported false facts to an investigative agency with the intent to have criminal punishment B.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. In light of the circumstances revealed by the record of this case, the lower court determined that the Defendant was not guilty of the facts charged of this case on the ground that, in light of the circumstances indicated in its reasoning, the Defendant had already been in the floor by B, and that even if the Defendant had been in the process of arranging the fright of the fright of the Defendant, the Defendant’s fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the b

Examining the above judgment of the court below in comparison with the records of this case, the judgment of the court below is justified. Contrary to the prosecutor's assertion, it did not err by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the

The prosecutor's assertion of mistake and misapprehension of legal principles is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.