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(영문) 서울북부지방법원 2017.10.26 2017노1522
무고교사
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the misunderstanding of facts, despite the fact that the Defendant instigated E to file a false complaint against the crime of rape. The court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the following circumstances in the reasoning of the lower court’s judgment based on the evidence duly adopted and investigated by the lower court’s determination on the assertion of mistake of facts, the lower court’s determination is just and acceptable, and there is no error of law by mistake of facts as alleged by the Defendant.

Therefore, the defendant's above assertion is without merit.

E consistently from the investigation date in an investigative agency to the court of the court below, “The defendant reported the telephone conversations with F in his mobile phone and text message, etc., and told the defendant of the fact that the defendant has a sexual relationship with F in mind.”

On the other hand, the Defendant stated “On the other hand, at the time of August 2009, she was raped by reporting that she was entering the her motherel located in Nowon-gu I at a lower level and informing her of the entry of E.

was known to the public.

“The assertion is made”.

In that sense, if the defendant's argument that E entered the lower el with F, it appears that F would have been presumed that he had sexual intercourses under mutual agreement rather than having raped E, and in fact, the defendant at the time of the prosecutor's investigation that "I think it was good for him (the investigation record 316 pages)" was sexually raped with F, although there was a statement that "I think it was good for him at the time of the prosecutor's investigation."

The defendant's assertion that it was believed as it is is difficult to believe it.

B. The defendant's judgment on the unfair argument of sentencing is a pro rata crime.

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