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(영문) 춘천지방법원 2015.05.27 2014노537

무고

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since there is no fact that the Defendant instigated a perjury to E, it constitutes a false accusation that D filed a complaint against the Defendant as a crime of perjury. Therefore, it is not a false fact that the Defendant filed a complaint against D as a crime of false accusation as stated in the judgment of the court below, but there was no intention of false accusation.

B. The prosecutor (e.g., imprisonment with prison labor for one year) of the lower court is deemed to be too uneasible and unfair.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the defendant's assertion of misunderstanding of facts and misapprehension of legal principles, especially the Cheongju District Court Decision 2009Kadan2961 (Evidence No. 2, No. 358 of the Evidence Record), the defendant's examination record (Evidence No. 3, No. 74 of the Evidence No. 3), E's confirmation document (Evidence No. 2, No. 333 of the Evidence No. 3, No. 52 of the Evidence No. 3, No. 52 of the Record), the defendant's testimony of the above case (Evidence No. 3, No. 40 of the Evidence No. 101 of the Cheongju District Court Decision No. 2009Gadan2961 of the 2961 of the 201 of the 201 of the 2001 of the 301 of the 201 of the 301 of the 201 of the 301 of the above testimony and the 3000 of the testimony.