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(영문) 서울남부지방법원 2013.07.19 2013노784
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant does not affix his/her seal to a certificate of employment, and that E places his/her seal on a certificate of employment without the consent of the defendant, so the defendant does not seem to do so.

2. In light of the evidence duly adopted and examined by the court below and the reasoning of the judgment below closely, the judgment of the court below which convicted the defendant of the facts charged in this case is just and acceptable, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles as to the crime of false accusation, on the grounds of the circumstances as decided by the court below.

(2) The defendant asserted that the defendant did not indicate the mail related to E in his work calendar as of February 28, 201, and that he did not met E at the time. However, the defendant does not state all the facts of the daily life with E, which he operated with a private teaching institute, in his work log, and the issuance of a certificate of employment with E was not a special duty that must be recorded in his work log. Thus, the defendant's assertion cannot be accepted solely for the reasons that the above work log is written and the defendant asserts. 3. As such, the defendant's appeal of this case is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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