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(영문) 서울북부지방법원 2020.04.23 2020노192

무고

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. The court below's decision of conviction against the defendant did not render any judgment on the defendant's grounds for innocence, and the court below's decision of non-performance of reasons is erroneous.

B. There is no credibility of each court’s statement in the original judgment D/E, and other evidence alone is insufficient to acknowledge the guilty of the facts charged in the instant case.

In addition, since the defendant is confirmed that the facts of the petition are true and made a petition, no intention of accusation is recognized.

Therefore, the court below erred by misunderstanding of facts or misunderstanding of legal principles.

C. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. Article 323 of the Criminal Procedure Act provides, “The fact that a crime is committed,” “the summary of evidence and the application of statutes,” and “when a statement of facts constituting the grounds for denying the establishment of a crime, or the increase or decrease of punishment, or a statement of facts constituting the grounds for reduction or exemption, such determination shall be made, on the grounds that it is specified in the conviction.”

Therefore, it cannot be said that there is any error in the judgment because the judgment on the defendant's appeal for not guilty was not stated in the reasoning of the judgment. Therefore, the defendant's non-performance of reasons is without merit

B. 1) In full view of the evidence duly adopted and examined by the lower court, the facts charged can be sufficiently found guilty. 2) Even if reported facts are inconsistent with objective facts in the crime of false accusation, if the reporting person is true and reported, then the crime of false accusation is not established. However, such conviction is true.

The term "person who has filed a report" refers to the case where the reporter is aware of the fact that he/she is false, or is not aware that he/she is likely to be false, even if based on objective facts known to him/her.