무고
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant did not drive drinking around September 15:45, 201, and as such, C’s report to the police that “the Defendant had driven under the influence of drinking at the same time is false report.” The content of oath and testimony made in the court of the relevant criminal case constitutes perjury.
Therefore, each of the defendants' complaints is based on facts and is not a false complaint.
Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous in the misapprehension of facts.
2. Comprehensively taking account of the evidence produced at the time of the lower judgment, the fact that the Defendant driven a motor vehicle under drinking around September 15:45, 2014 and the fact that the Defendant made the statement as stated in paragraph 2 of the lower judgment to C can be sufficiently recognized.
Therefore, it is just that the court below found the defendant guilty of the facts charged of this case, and there is an error of law affecting the judgment by misunderstanding facts
subsection (b) of this section.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.