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(영문) 춘천지방법원 강릉지원 2014.07.15 2014노95

무고

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) did not have filed a complaint against D or F on the basis of facts regarding each of the criminal facts stated in the judgment of the court below, but did not have filed a false accusation.

Nevertheless, the judgment of the court below which convicted each of the charges of this case is erroneous in misconception of facts.

(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In full view of the judgment on the Defendant’s assertion of mistake of facts (1) on November 26, 2012, the judgment on the Defendant’s crime without accusation against D on November 26, 2012, the first instance court witness F, D’s testimony and testimony at H, and G made at an investigative agency (see, e.g., Supreme Court Decision 200Da4548, Dec. 17, 201; 201; 2009Da4554, Nov. 26, 201; 2009Da477, Nov. 26, 201; 2007; 2006Da4488, Nov. 26, 201).

(2) According to the reasoning of the lower judgment as to the crime committed by F on November 26, 2012, the lower court’s testimony at each of the lower court’s judgments, and the testimony made by G in an investigative agency, it may be acknowledged that the Defendant expressed a desire to the effect that, at the time when the Defendant was arrested by F, a police officer belonging to the C District District, from the F, who was arrested on December 17, 201, the Defendant at the time of the arrest of the F, a police officer belonging to the C District District.

Therefore, criminal facts are sufficiently recognized at the time of original adjudication that F was unaware of F by preparing and submitting a false accusation with the fact that the Defendant did not wish F to make a false accusation, so this part of the lower judgment does not err in matters of mistake of facts.

(3) Crimes committed against D/F on December 26, 2012.