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(영문) 청주지방법원 2019.01.11 2018노1053
무고교사등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the case of mistake of facts, the Defendant only introduced the police officer to Co-Defendant D of the lower court (hereinafter “D”), and D had already made a false report on the sexual purchase male with the intention to receive the agreement amount from the sexual purchase male. However, the Defendant did not have made D make a false report on the robbery like this part of the facts charged, but the lower court convicted him of this part of the facts charged. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (two years of imprisonment, additional collection of one hundred and sixty million won) is too unreasonable.

2. Determination

A. In full view of all the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, it is recognized that the defendant made a false report to the effect that he had D suffered robbery as shown in this part of the facts charged, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the defendant. Thus, this part of the defendant's assertion is without merit.

1) The Defendant, at the prosecution around 05:00 on February 23, 2017, is the Co-Defendant C (hereinafter referred to as “C”) with D and Co-Defendant C (hereinafter referred to as “Co-Defendant C”) in the passenger car of this case as indicated in the judgment of the court below (hereinafter referred to as “

Recognizing that a male male forcedly deducted the purchase price of D from D's sexual traffic, it is said that a female phone called to a police officer who was known to the usual 23:00 on the same day, and that a detailed story that a female female spaceded with money from robbery, and that a defect was spaced, and that a female female spaced with D's money from L Building M on February 24, 2017, around 10:30 on February 24, 2017, a male spaced from D's sexual traffic, not a forced male spaced with D's money, but with D's money on the platform.

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