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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The defendant did not have committed any misunderstanding of facts against D at all, and the defendant made a false statement after harming D, and the court below convicted the defendant, which erred by misunderstanding the fact that the defendant made a false statement, which affected the conclusion of the judgment.
The punishment sentenced by the court below on unreasonable sentencing (three million won of fine) is too unreasonable.
In the case of a crime of false accusation against a defendant's assertion of mistake of facts, a report of false facts refers to a conclusive or dolusent recognition and reporting that the reported facts are contrary to objective facts. Therefore, even if it is inconsistent with objective facts, if a reporter is true and reported as true, the crime of false accusation shall not be established. However, it is true in this context.
The phrase means a case in which the reporter cannot be aware that the reported fact is false or might be false even if based on the objective fact known to him/her. It does not include a case in which the reporter knows that the reported fact is false or might be false based on objective fact known to him/her, but does not include a case in which he/she considers that his/her assertion is correct without disregarding it.
(2) In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s determination that the Defendant was unaware of D is justifiable, and thus, the Defendant’s assertion on this part is rejected. In so doing, the lower court did not err by misapprehending the legal doctrine on the evidence duly adopted and investigated.
The Defendant denied the facts charged in the instant case but stated to the effect that he was fully aware of the facts charged on the fifth trial day of the lower trial, which led to the reversal of the aforementioned statements without justifiable grounds.
The Defendant assaulted D on November 3, 2012.