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(영문) 의정부지방법원 2013.05.13 2013노433
무고교사등
Text

The judgment of the court below is reversed.

Of the facts charged in the instant case, the Defendant B, C, and D had no teacher for the Defendant A.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) There was no misunderstanding of facts or misunderstanding of legal principles that caused a false accusation to Defendant A1, and there was a false statement as if the witness had been observed and a perjury was proved, but Q (hereinafter “ Q”) as the complainant was the complainant.

Although there was no purpose to harm the Defendant, the lower court found all of the facts charged guilty, and there was an error of misunderstanding of facts or misunderstanding of legal principles. 2) The sentence of imprisonment (one year of imprisonment) sentenced by the lower court is too unreasonable.

B. Defendant B (1) 1) misunderstanding of facts and misunderstanding of legal principles, and the part of perjury was presented as if the witness did not have been observed, but there was no purpose to harm Q. However, there was an error of misunderstanding of facts or misunderstanding of legal principles in finding the guilty of all charges on the basis of evidence without credibility. 2) The sentence sentenced by the lower court of unfair sentencing (one year of imprisonment) is too unreasonable.

C. Although Defendant C’s act of interfering with Defendant C’s exercise of right of retention was received and filed a complaint, the lower court found Defendant guilty of this part of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

Defendant

The judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by misunderstanding facts and affecting the conclusion of the judgment, even though Q merely made a true accusation and testimony, and withdrawal of the complaint under the direction of Q.

E. The judgment of the court below which found Defendant E guilty of this part of the facts charged is erroneous in the misapprehension of facts, and the judgment below affected the conclusion of the judgment.

2. Determination as to Defendant A’s non-school building

A. The summary of the facts charged is that Q Q was the same at the site where H entered the O and P house glass possessed by H and H, and deducted possession.

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