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(영문) 부산지방법원 2019.05.24 2018노3043
무고
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant from July 4, 2015 to Defendant

7.5. Since there is no fact that the defendant asked B to prepare a written statement, the fact that the defendant filed a written complaint with B is not false.

Therefore, the defendant is not guilty of false accusation.

B. The sentence (2 million won of a fine) imposed by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment on the Defendant’s assertion of mistake of facts and the evidence duly admitted and investigated by the lower court and the lower court, the Defendant requested B to prepare a written statement as stated in the instant facts charged on July 4, 2015. Thus, it can be recognized that the Defendant’s accusation against B constitutes a falsity and thus, the Defendant was dismissed.

Therefore, the defendant's assertion of mistake is without merit.

(1) B, D, and E (hereinafter referred to as “three persons, including B, etc.”) are consistently referred from an investigative agency to the original trial by the defendant from July 4, 2015 to the investigation agency.

7.5.B requested B to deliver a written statement concerning C.

‘The above statements made'. Since there are no particular circumstances to suspect that three persons, such as B, etc. have made a false statement to the extent that those who actually experienced or could not make a statement, they are reliable.

On the other hand, the defendant asserts that the statements made by three investigative agencies, B, etc. and the court of original instance are not consistent, and there are parts that are inconsistent with each other, and that they are also motiveed to make false statements in this case, so their statements are not reliable.

However, there is no somewhat consistency in the statements of three persons, such as B, or there is a disagreement between them, but with respect to this case, the time when the first statement was made by the investigative agency is around April 2017.

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