무고
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact, the Defendant did not inflict an injury on the victim's knife once, and the victim does self-harm.
B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.
2. Determination
A. (1) On the assertion of mistake of facts, the fact that a criminal judgment already became final and conclusive on the same factual basis is material material, and thus, it is difficult to employ a decision on the facts in the relevant criminal trial.
Unless there are special circumstances acknowledged, facts contrary thereto cannot be acknowledged (see Supreme Court Decision 2009Do11349, Dec. 24, 2009, etc.). 2) Defendant asserted in the lower court as the grounds for appeal of this case at the same time as the grounds for appeal of this case, and the lower court, on the grounds as stated in its reasoning, can be deemed as reliable.
The above argument was rejected.
The following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, i.e., the defendant's related criminal cases against the defendant (the Jeonju District Court's Eup branch court's 2016 high order 106 decided Sep. 27, 2016). "Around March 13, 2016, the defendant requested the victim D (45 years) and drinking alcohol only at a hospital specialized in treatment of alcohol addiction in the defendant's residential area of 104 Dong-dong 1509, 1509, where the defendant requested the victim to take it out in his/her residential area, but the victim refused it.
As above, Defendant 1 has a lot of dispute with the victim, and “I am bit of a bit of a bit of a bit of bit of a bit of a bit of bit of a bit of a bit of a
The phrase “the kitchen,” while being in custody of the above dwelling space, has been in the kitchen knife with the kitchen knife (19.3 cm in length on the day, 12.2 cm in length on the day, knife) and has been in the knife part of the victim once.
As a result, the Defendant was convicted of the Defendant, on the ground that he was found to be “the victim was guilty of blooding due to tear tear,” which requires approximately four weeks of medical treatment.