무고
The defendant's appeal is dismissed.
1. Although the summary of the grounds for appeal did not threaten C in a knife, C was threatened with knife by the Defendant, and the Defendant was sentenced to two years of imprisonment on November 11, 201 by committing a crime of violation of the Punishment of Violences, etc. Act (collective deadly weapons, etc.). Although the Defendant filed a complaint against C to punish the above false accusation, the Defendant was guilty of the charge of the crime of false accusation against C, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. The judgment of the court below is just in light of the following circumstances acknowledged by the evidence duly adopted and examined at the court below and the trial records, namely, it is difficult to view that the first statement of the victims was consistent with the specific part of the case sentenced to two years of imprisonment (hereinafter “the above case of deadly weapons carried-in intimidation”), and that there are special circumstances to suspect the credibility of the above statement. Rather, the defendant continued to contact the victims of the above case of deadly weapons carried-in intimidation, reply, intimidation, etc., and it is difficult to view that there is credibility in the fact confirmation, etc. acquired through such circumstance. In light of the evidence additionally examined at the court of the trial, I stated that the witness of the court of the first instance could not accurately memory whether he visited the victim at the court of the first instance on January 3, 201, and that there was no 10 p.m. thereafter, 3 p. witness made a statement in the case where the defendant visited the defendant’s office at the time of his visit on January 3, 2011.