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(영문) 서울고등법원 2018.02.08 2017노2876
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On the basis of objective facts that the Defendant was forced to commit an indecent act by C, such as misunderstanding of facts, the Defendant did not constitute a criminal accusation against C, but did not constitute an accusation. Since the prosecutor voluntarily prepared a protocol of interrogation of suspect although the Defendant did not make a confession by the prosecutor, the court below did not make such a protocol as the basis for confession. The court below convicted the Defendant of the facts charged in this case. The court below erred by misapprehending the legal principles and misapprehending the legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The Defendant also asserted that the judgment of the lower court on the assertion of mistake of fact is identical to the assertion of mistake of fact, etc., and the lower court rejected the aforementioned assertion by providing a detailed statement on the determination.

In light of the circumstances revealed by the court below, the court below's duly adopted and examined evidence, i.e., ① the defendant did not have made a confession at the prosecutor's office, but the prosecutor voluntarily prepared the protocol of interrogation of the suspect. However, the defense counsel of the defendant who is a prosecutor of the court below, which was conducted at the first preparatory hearing date of the court below, expressed his/her intention to consent to the protocol of interrogation of the suspect to the defendant who requested by the prosecutor at the prosecutor at the first preparatory hearing date of the court below, and the court below completed the examination of evidence on the second preparatory hearing date of the court below. The defendant and the defense counsel stated that the defendant did not have any particular opinion on the result of the examination of the above evidence, during the interrogation process

It is true that the defendant wraps the protocol.

When investigating by the prosecution, it is the same as that the investigator did not understand that the defendant talks with the prosecutor, and it later makes a statement to the effect that the defendant made a false complaint.

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