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(영문) 춘천지방법원 2018.01.10 2017노968

무고

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not know the contents of the complaint, and signed the exaggerated complaint prepared by I, and the Defendant did not intentionally make a false statement in the investigation process due to mental illness. Thus, the Defendant did not commit an act of false accusation, or did not intend to commit an act of false accusation.

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

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles (the defendant's defense counsel asserted that he was aware of the crime at the trial date twice the trial date, and the trial court demanded that the defendant submit a separate document to confirm the defendant's correct intent, and the defendant did not have any indecent act, and the defendant submitted a written statement to the effect that he was aware of the facts charged. However, among the contents in the written statement in question, the defendant's assertion that he did not read the written complaint prepared by I in detail and stated that he maintained the reason for appeal that he stated his name without reading the written complaint in detail. Thus, it cannot be seen as a written withdrawal of the reason for appeal or a written confession of the facts charged, and thus, it should be determined) according to the evidence duly adopted and examined by the court below, the defendant was in the process of investigating the police with a

Since the complaint was made against the defendant's will, the complaint was made.

there is no mental disease for the defendant, and there is some mental disease for the defendant

Even if it is obvious that the defendant made a statement in an investigative agency, etc., it cannot be deemed that the defendant has no intention to commit a crime without doubt, insofar as it is obvious that he/she made a statement in an investigative agency, etc. (the record is examined even though it is not explicitly asserted.

It also shows that the defendant's assertion is reasonable.