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(영문) 광주지방법원 2019.05.29 2018노3430
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there is no fact that the defendant had sexual intercourse with C and committed an indecent act, the defendant did not have filed a false complaint as if the defendant had sexual intercourse with C, and as such, the defendant did not have filed a false complaint with B and the perjury.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. We examine the determination of mistake of facts. According to the evidence duly adopted and investigated by the court below, the court below found the defendant guilty of sexual intercourse with C and indecent conduct, which is a pro-child, (No. 2015 Goju District Court 2015Ma111). The above judgment became final and conclusive, and the defendant's request for retrial against the above judgment was dismissed, and the defendant was found to have committed indecent conduct against C during telephone conversations on October 24, 2014. Nevertheless, the defendant was planned on December 27, 2017 by B to create the above sexual intercourse and indecent conduct, and filed a complaint with B without accusation and perjury. In full view of these facts, it is reasonable to deem that the defendant's complaint with B and perjury was groundless.

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

B. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination on the assertion of unfair sentencing; and (b) considering the various sentencing conditions as indicated in the instant records and arguments, the lower court’s sentence cannot be deemed unfair; and (c) the Defendant’

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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