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(영문) 창원지방법원 2014.12.11 2014노2012
모욕등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant asserts that there was an error of law that affected the conclusion of the judgment by misunderstanding of facts, misunderstanding of facts, and even though C actually committed a crime, such as rape with the Defendant’s married, the guilty part of the judgment of the court below, which deemed that the Defendant had not committed any other crime, was guilty. 2) The Defendant asserts that the punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

B. The prosecutor asserts that the above sentence is too uneasible and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant of this part of the facts charged committed each of the following crimes under the state that the Defendant lacks the ability to discern things or make decisions due to acute mental disorder, etc.

[2014 Highest 437] On October 23, 2013, the Defendant drafted a written complaint in the public service center of the Changwon Police Station in the Changwon Police Station in the Changwon Police Station in the Changwon-dong 911, 201, stating that “A Defendant C, at around October 21, 2013, infringed upon the house located on the D and 2nd floor of Changwon-si, who was the Defendant’s wife, without permission, and at the time, tried to die his/her father while she was married in his/her ward, while she was married with his/her father.”

However, in fact, the above temporary border C did not infringe upon the defendant's house without permission, while working at the workplace, and did not have to kill the defendant's father.

Nevertheless, for the purpose of having the above C take criminal punishment, the defendant made a false accusation and submitted it to the above public service center of the Seocho Police Station, thereby making the above C free accusation.

[2014 Highest 1049]

1. The Defendant, on January 7, 2014, appears together with E (here, 13 years of age) at the support center for the first saws for Victims of Violence at Gannamnam Women's School, and made E attend a slope F, and let E enter a slope F, “A male on the part of the Defendant’s complaint with C is prevented from suffering within 08:10 to 08:25 on September 13, 2013, and forced to attract arms to commit rape, and the Defendant is the Defendant.

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