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(영문) 광주지방법원 2014.06.05 2014노222

무고

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) 1: (a) The Defendant only committed self-defense and did not commit rape; (b) the Defendant filed a complaint against the Defendant as a crime of rape; (c) the Defendant reported the Defendant as the crime of injuring the Defendant despite the fact that the Defendant did not use the victim D; and (d) the Defendant filed a report on the crime of injuring the Defendant despite the fact that the Defendant was in excess of the victim D; and (c) the Defendant was unable to stop the bicycle, but the Defendant was faced with the bicycle, but the said victim reported the Defendant as the crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents even though the Defendant was able to inflict bodily injury on the bicycle.

Therefore, it is not true that the defendant filed an accusation against the above victims.

2) The lower court’s sentence of unreasonable sentencing (the imprisonment of eight months is too unlimited and unfair).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. According to the evidence duly adopted and examined by the court below as to rape, it is sufficient to recognize the fact that the defendant had raped the victim, considering the fact that the defendant was unable to sustain the victim C by hand and stroke the victim's stroke, and then, the victim C stated that the defendant had inserted his sexual organ consistently from the investigation agency to the court, to the court, and the defendant also was investigated by the prosecutor's office, and the defendant stated that "I write down the Ama sexual organ into the quality of C" (Evidence No. 136 page of the evidence record), it is sufficient to recognize the fact that the defendant had raped the victim, and the rape is a simple number inserted by the male sexual organ into the female's sexual organ, and it is not necessary to do so.