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(영문) 대구지방법원 2014.04.24 2013노2703
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. On April 9, 2012, the gist of the grounds for appeal: (a) the Defendant did not file a complaint against C with false facts, as he/she had his/her head in front of the instant apartment toilet in front of the Defendant’s headure and damaged the Defendant by pushing the Defendant; and (b) the Defendant did not file a complaint against C.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the grounds for appeal, the following facts and circumstances are recognized.

In other words, C consistently makes a statement from the investigative agency to the court of the original trial and the court of the first instance that “I am different from the Defendant, and there is no smuggling or harming the Defendant by making a physical contact with the Defendant only when I am different from the Defendant,” and that “I am different from the Defendant.”

② At Gdo police station, Gdo, which took an article on the apartment of the instant apartment, called “Ice Nace Na,” the Defendant was not sealed, but the Defendant stated that “Ice Nace Nace Nace Nace Nace Na,” and that “Ice Nace Nace Nace Na,” which was the back of the instant apartment, was the same as “Ice Nace Nace Na,” and the Defendant was the Defendant’s engine and the lower court court court’s court’s court. However, the Defendant did not physically contact.”

③ The Defendant stated that “Hdo witness Hdo”C, which was designated as witness of all the circumstances at the time, was the Defendant, and the Defendant was later walked, but did not seem to have contacted the Defendant and the victim’s body.

④ The key of the Defendant is 157 cm, and C’s key is 170 cm with 170 cm with 13 cm with her head or small her head, C is a entrest with her head and her head deducted from her m., and her m., and her m. are the snow of witnesses at the site of time.

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