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(영문) 서울중앙지방법원 2020.10.15 2020노116
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal and the statements made by the Defendant and his male-friendly ward H are inconsistent or inconsistent with objective facts, and thus, they are not reliable, while D’s statements are consistent and consistent with objective facts.

Nevertheless, the judgment of the court below which rejected D's statement and accepted the defendant's assertion and acquitted the defendant is erroneous in misconception of facts.

2. The lower court determined that it cannot be deemed that there was no reasonable doubt as to the facts charged in the instant case that the Defendant filed a complaint against D with false facts as if the Defendant was sexually rape or indecent act from D, while explaining the following facts: (a) the Defendant and H and the Defendant were inconsistent with each of the I’s statements; (b) the Defendant did not have any other natural or unreasonable parts; and (c) the Defendant did not have any motive for false accusation.

In addition to the circumstances revealed by the court below, the following facts and circumstances acknowledged by the records are not consistent or different from the defendant's statement, i.e., ① it is not consistent among the defendant's statements, but it is merely erroneous in the errors concerning geographical matters that may have been caused as a crime victim's impossibility of accurate memory, and the description of the situation at the time of indecent act is relatively consistent and relatively consistent. ② D argues that "I do not have any view to entering the mastio in which the defendant was the defendant," and its statement is more consistent than the defendant's statement. However, it is deemed that D's above statement itself is very simple to the extent that it is impossible to find its in comparison and comparison with the defendant's statement and other circumstantial facts that specifically describe the situation at the time of indecent act, and it is effective to measure whether D's above statement is reliable.

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