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(영문) 대구지방법원 2012.12.07 2012노539

무고등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (1) misunderstanding of facts found the victim guilty on the date, time, and place indicated in the facts charged, and the victim injured the victim on the drinking water. Nevertheless, the court below erred in the misapprehension of the judgment which acquitted the victim of this part of the facts, which affected the conclusion of the judgment, despite the fact that the victim raised a complaint to the effect that "if the defendant had not inflicted an injury upon the victim by causing the victim, he/she would have been punished, because he/she caused the

(2) The sentence imposed by the lower court on the Defendant (one year of suspended execution in six months of imprisonment) is too uneasy and unfair.

B. The defendant (as to the guilty part of the original conviction), did not assault the victim, thereby accused the victim who accused of an injury to the defendant as a crime of false accusation.

Nevertheless, the judgment of the court below which found the defendant guilty of the crime of assault and the crime of false accusation is erroneous and has affected the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the trial court regarding the assault and the crime of influence related thereto in a ward, etc.: ① The victim, from the time of the first statement at the investigative agency to the time of the statement as a witness at the court of the trial, consistently consistent with the following circumstances: (a) the victim made a statement to the effect that “I am at the defendant’s house, fright at the defendant’s house, and talked about the face of the defendant, frighting in his face, and her body. I am at the defendant’s house,” (b) the statement to the effect that “I am at the defendant’s house, together with the victim, was frighted.” (c) The victim took the face of E where I am at the time of the first statement from the time of the statement at the investigative agency to the time of statement as a witness.

당시 이빨이 빠지고 얼굴이 퉁퉁 부었다...