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(영문) 전주지방법원 2013.05.31 2013노278
무고등
Text

Defendant

All appeals filed by A and C and prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B and C committed an assault with Defendant B and C in violation of the Punishment of Violence, etc. Act (joint assault). Although there is sufficient evidence to support this, the lower court found Defendant B and C guilty of the crime of assault against Defendant A in this part of the facts charged, and sentenced Defendant B and C not guilty on the ground that the said Defendants were not proven to have committed the assault with Defendant A. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B) Defendant A and B’s in collusion with J to submit a written complaint containing false facts to the investigative agency as described in this part of the facts charged, and made a false statement. Although there is sufficient evidence to support this, the court below acquitted the Defendants on the ground that there is no proof as to this part of the facts charged. Thus, the court below erred in the misapprehension of facts, which affected the conclusion of the judgment. 2) The judgment of the court below on the grounds of unfair sentencing is unreasonable.

B. Defendant A and C1) misunderstanding of facts or misunderstanding of legal principles ) Defendant A’s assault, and Defendant A’s victim’s head was lightd twice in the process of hearing the victim’s speech that she raped and confirming the victim’s identity. As such, Defendant’s act constitutes a justifiable act that does not violate the social rules, the lower court accepted this part of the facts charged and convicted Defendant. In so doing, the lower court erred by misapprehending the facts or misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. Defendant A and C.

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