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(영문) 대전지방법원 2018.11.15 2018노1554

무고등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistake of fact, did not forge a real estate service contract ( consulting) (hereinafter “instant contract”), and filed a complaint on the failure to receive remuneration even after entering into a real estate service contract with G. In fact, the Defendant filed a complaint.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. 1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court of the relevant legal doctrine: (a) as well as whether the content of the statement itself conforms to the rationality, logical or empirical rule, or conforms to the witness evidence or a third party’s statement; (b) after taking an oath before a judge, the witness’s appearance, attitude, and appearance of the witness who is in the open court and statement are difficult to be recorded in the witness examination protocol, the court of the first instance should assess the credibility of the statement; and (c) the witness’s statement, including the victim, should not be rejected without permission, unless there are any other materials that can be objectively deemed to lack credibility when the victim’s statement is consistent and consistent with the facts charged (see Supreme Court Decisions 201Do2631, Jun. 28, 2012; 2015Do7423, Nov. 12, 2015).

In light of the above relevant legal principles.