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(영문) 부산지방법원 2016.07.07 2015노4624
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following facts: E, witness H’s statement, Defendant, at the hospital following the day of the instant case, referred to as “the cause of the bodily injury” in the hospital of this case; E did not have any reason to inflict bodily injury on the Defendant; at the time, the Defendant was spawned, while E did not drink at all, although E did not have any bodily injury by assaulting the Defendant, it can be sufficiently recognized that the Defendant did not have any physical injury as indicated in the facts charged.

In addition, there was no physical contact between the defendant and E, and there is no assault damage itself, so it cannot be said that the circumstance of the accusation is only the exaggeration to the effect that the defendant suffered bodily injury due to assault from E.

Nevertheless, the lower court erred by misapprehending the facts charged or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The Defendant, from June 2013 to June 2014, became aware of the facts charged in the instant case, that he was an employee while working for the pertinent Dom clubs located in Busan Island as an employee. From June 2014 to October 2014, the Defendant retired from the said Fmar points due to the overdue payment and wage problem while serving for the employees at the Fmar group located in the same building as the said Gunm clubs.

On November 7, 2014, the Defendant: (a) was hospitalized in the Plaintiff’s bid at the Busan Hahyeong-dong Busan Hahyeong-dong, Busan Hahyeong-gu, Busan Hahyeong-gu, “The Defendant Non-Party E was at the Fju’s store from October 28, 2014 to 01:00 to 01:00, the Defendant got the Defendant back of the Fju’s room, and was hospitalized in the hospital.

“ ........” submitted a written complaint.

After the submission of the above complaint, on November 20, 2014, the Defendant was investigated in the Haban in the Haban of the above Busan city on November 20, 2014, and “Defendant E was placed in the F main room, with plastics from plastics to Party E (Defendant) and with the chest.

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