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(영문) 부산지방법원 2018.04.19 2017노4593
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal B is that the defendant given a bribe to the witness in the trial.

Since there was a threat that the defendant would die, the defendant's accusation of the above content B does not constitute a false accusation, but the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. In full view of the evidence duly admitted and examined by the lower court, the lower court, despite the absence of the fact that the Defendant was subject to intimidation from B, held that the Defendant was dead before the Busan District Court’s East Branch Branch Branch Court of Busan around July 14, 2015 for the purpose of having the Defendant be subject to criminal punishment against B.

The threat could sufficiently recognize the fact that the police reported false facts to B.

Therefore, the defendant's assertion of facts is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since there is no ground for appeal by the defendant.

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