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(영문) 의정부지방법원 2019.03.29 2018노1108
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no misconception of facts and misapprehension of legal principles that the Defendant abused the victim C.

Rather, in the process of the victim’s insulting the defendant, the victim filed a complaint against the defendant under the suspicion of assault, even though the defendant was assaulted by H, a vice governor, the president of BAD branch office, etc.

However, in light of all circumstances, such as the fact that the victim and H consistently make a false statement from the investigative agency to the original trial, the fact that the Defendant was unable to assault the victim due to a disease, and that there was no reason to assault the victim, and that there was no good appraisal between ordinary victim, H and the Defendant, the perpetrator of insult or assault was replaced by the victim and H from the victim to the Defendant.

Furthermore, as long as the defendant did not assault the victim, the defendant is not guilty of false accusation, even if the defendant filed a complaint due to the suspicion of false accusation, etc.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by evidence duly adopted and investigated by the lower court and the lower court on the assertion of mistake of facts and misapprehension of legal principles, the Defendant’s assaulted and innocent facts are recognized.

Therefore, we cannot accept this part of the Defendant’s assertion.

1 The victim, H and B Institute branch office, I made a statement from an investigative agency to the court below to the effect that it conforms to paragraph (1) of the facts charged, and its credibility is recognized in light of the developments leading up to, consistency, and the physical strength of the statement.

The judgment of the court below on the credibility of the statement made by the victim, H, and I, who is the witness of the court below, was clearly erroneous.

There is no special circumstance to consider that maintaining or maintaining as it is is significantly unfair.

In addition, as long as the defendant has abused the victim, it shall be recognized.

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