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(영문) 수원지방법원 2016.03.30 2015노6221

무고

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, since the court below acquitted the defendant.

2. Determination

A. Around September 2014, the Defendant drafted a complaint to the effect that the Defendant punished C as evidence alteration, alteration of evidence, perjury, and perjury respectively.

The above accusation statement "1. C, on April 22, 2012, did not have the teared teared so that he was assaulted by the Defendant, he himself, even though he did not have the teared teared, shall voluntarily fall the part of the saw, and shall teared to approximately 7cm, and submit it to the Southernn Police Station as evidence of the assault case, thereby altering and using evidence as to another person's criminal case;

2. On April 22, 2012, C was under pressured pressured No. 11 for about 10 weeks by pushing the Defendant, and at the time, the Defendant used against it to resist, such as cutting off the left part of C, and, in light of the degree of the above resistance, the Defendant did not have teared the clothes of C due to the Defendant, the Government District Court Decision 2012Da3815, Jun. 10, 2013, at the time of “after the Defendant was present as a witness of the assault case against the Defendant, 2012, 2012, 2815, 2000 after the Defendant was her confiscing the mixed, her clothes, her clothes, her panty, and her panty, and her to the effect that the Defendant was sealed.”

3. D also did not witness the scene because C was not only the perpetrator at the same time, and D did not witness the site, at the time of June 10, 2013, when D appeared as a witness of the assault case against the Defendant No. 2815, Jun. 10, 2013 and 2015, Da Government District Court Decision 2012, Jun. 10, 2013.