무고
The judgment of the court below is reversed.
The punishment of the accused shall be determined by imprisonment with prison labor for ten months.
However, from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant, who is guilty of fact, only entered the facts with C in the accusation, as it was, and did not enter false facts.
The crime of false accusation must be proved actively by the fact that it is contrary to objective truth. However, it is proved that the Defendant’s report was false solely on the basis of the witness C and E’s respective legal statements, written statements, written accusation notes, page North dialogue and cell phone text messages, and each image, etc. of a photograph, which are cited as evidence of guilt in the lower judgment.
subsection (b) of this section.
On the other hand, even if the reported facts are inconsistent with objective facts, if the reporter is true and reported, the crime of false accusation is not established.
The defendant has harmed or committed an indecent act against other unspecified persons due to mental illness, such as Trine caused by sexual assault committed in a juvenile flag and editoric personality disorder.
In such a state, there is an overall incompetence and suspicion against others, and as such, the Defendant was sexual intercourse that was not wanting from this point of view, thereby having been damaged by C.
Recognizing that it leads to a complaint.
Since the defendant did not have any awareness that the reported content was false at the time of filing a complaint, the defendant cannot be recognized as false intention.
B. At the time of filing a complaint, the Defendant was suffering from mental illness, such as edited personality disorders, and was receiving mental treatment.
The defendant has filed the instant complaint under the lack of the ability to discern things or make decisions, and such complaint must be judged as a mental and physical weakness.
(c)
The punishment sentenced by the court below is too unreasonable.
2. Determination
A. The witness C and E’s each legal statement, written statement, page-to-face conversation, page-to-face conversation and cell phone text message, each photographic image, each south-to-face photographic image, etc. were duly adopted and examined at the lower court.