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(영문) 창원지방법원 2013.11.21 2013노1227

무고

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-finding, the Defendant was injured by assault by the victim C and D, who is an employee of the patrol team within the library room of the Changwon Prison, and even if the Defendant did not report false facts to the victims, the lower court found the Defendant guilty of the facts charged of this case, which affected the conclusion of the judgment.

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

2. Determination

A. 1) The degree of formation of a conviction for finding a guilty in a criminal trial should be such that there is no reasonable doubt. However, it is not required to exclude all possible doubts, and rejection of evidence acknowledged as probative value is not allowed beyond the bounds of the principle of free evaluation of evidence. If the witness’s statement is consistent in the main part of the statement, the credibility of the statement is not arbitrarily denied (see, e.g., Supreme Court Decision 2008Do1212, Aug. 20, 2009) solely on the basis of the above legal principles, and the following circumstances, namely, the victims, who were lawfully adopted and examined by the court below and the court of first instance, were found to have been admitted from the investigative agency through the court of first instance to the court of last day of February 2, 2011, "the victim," and the defendant was found to have been admitted from the prison room and the witness room of the defendant."