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(영문) 서울동부지방법원 2015.10.08 2014노1855

무고

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Since there is no fact that the Defendant committed an indecent act by compulsion of facts against C, the Defendant did not seem to have filed a criminal complaint against C, D without accusation or perjury.

Nevertheless, since the court below found all of the facts charged in this case guilty, it erred by misunderstanding the facts and affecting the conclusion of the judgment.

(2) The court below's decision on unfair sentencing is too unreasonable on the two-year suspension of execution and 120 hours of community service in the eight-month suspension of imprisonment sentenced by the defendant.

B. The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. Determination on the grounds for appeal

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant committed an indecent act, such as preventing the Defendant from taking the Defendant’s her her her son on August 8, 2009, raising another her son on the shoulder, and raising the chest on the chest, etc., and thereby, can be sufficiently recognized that the Defendant was indicted for the crime of indecent act by force on January 13, 201, and the conviction of a fine of KRW 4 million on January 13, 201 became final and conclusive.

Therefore, the defendant's filing of a complaint against C, D, or perjury under the premise that the defendant's indecent act by force is not reasonable.

B. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor had already been finalized on January 13, 201, but the conviction on the crime of indecent act by compulsion became final and conclusive on January 13, 201, when it is anticipated that the Defendant would be at a disadvantage in the appointment of public officials due to such force, the Defendant filed a complaint against C on suspicion of perjury and received a non-prosecution disposition, but again received a non-prosecution disposition, and the Defendant committed the instant non-prosecution disposition against C and D, and the nature of the crime was defective; four years have passed after the crime of indecent act by compulsion by compulsion by the front line; and again, the Defendant committed the instant non-prosecution crime and caused repeated mental pain to C and D; however, measures to separate or restore damage.