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(영문) 춘천지방법원 강릉지원 2019.05.23 2018노488
무고등
Text

The judgment below

Each part of the crime of false accusation shall be reversed.

A person shall be punished by imprisonment with prison labor for not less than five months for a crime of false accusation against a defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) A’s non-misunderstanding of facts and misunderstanding of legal principles on B (Defendant 1) (Article 2018 Godan105 criminal facts of the case in question in the original trial) Defendant is punished for a dispute with B and taxi expenses, and the Defendant prepared a written complaint with this content because B was in fact on the eyebrow of the eyebrow with the Defendant’s chief supervisor, and did not file a complaint against B with false facts with the intention of false accusation.

B) The Defendant’s false accusation against E (Article 2018Dadan105 of the Criminal Act of the case in the original instance) of fraud (Article 2018Dadan105) (Article 2 of the Criminal Act of the case in which the Defendant reported the Defendant as a drunk driving, and it does not file a criminal complaint against E with false intent. C) Fraud (Article 2018DaDa63636 of the Criminal Act of the case in the original instance) (Article 2018DaDaDa63636 of the case in which the Defendant did not pay the fees for singing, etc. from the beginning, but did not receive the money from the beginning without intent or ability to pay the fees for singing, etc.) property damage (Article 2018DaDa63632 of the Criminal Act in the original judgment). The Defendant did not interfere with the business of interfering with singinging the Defendant as stated in its reasoning (Article 2018DaDa636363 of the case in which the Defendant did not commit a crime in the case in the first instance judgment).

F) The Defendant’s act of violating the performance of official duties by police officers L does not constitute the crime of obstruction of performance of official duties and the crime of injury. 2) The Defendant committed each of the instant crimes under the state of mental and physical disability under the influence of alcohol, while under the state of mental and physical disability.

3) The sentence of unfair sentencing (the imprisonment of August on the 2018 Highest 105 case in the original judgment and the imprisonment of August on the 2018 Highest 636 case in the original judgment) is too unreasonable.

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