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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 춘천지방법원 2015.09.02 2014노692
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts C has forged a lease contract under the name of the Defendant (hereinafter “instant lease contract”), the Defendant did not file a false accusation about C, such as the original adjudication.

B. The sentence of unfair sentencing (two years of suspended sentence in August) by the lower court is too unreasonable.

2. Determination

A. In light of the difference between the original court and the appellate court’s method of evaluating the credibility of the statement made by the witness in light of the contents of the original judgment and the evidence duly examined in the original judgment, or there are exceptional cases where it is deemed that maintaining the original judgment as to the credibility of the statement made by the witness in the original judgment is considerably unfair considering the results of examination of evidence at the original court and the results of additional examination of evidence not later than the time of closing argument at the appellate court, the appellate court should not reverse without permission the original judgment solely on the ground that the lower court’s judgment on the credibility of the statement made by the witness in the original judgment is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do4994, Nov. 24, 2006; 201Do5313, Jun. 14, 2012).

Therefore, as stated in the facts charged, it can be sufficiently recognized that the defendant reported false facts as to C and sufficient facts are.

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