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(영문) 인천지방법원 2017.07.14 2017노280
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, after the lapse of two months after the occurrence of the instant case, prepared a written complaint, the Defendant was not able to accurately memory detailed facts, but did not file a false statement or give testimony.

Nevertheless, solely on the ground that the defendant was found not guilty due to insufficient evidence in the relevant litigation, the defendant sufficiently proven that he/she was not guilty or perjury.

Although it cannot be seen, the lower court erred by misapprehending the fact that the Defendant was guilty of false accusation and perjury, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court (two years of suspended execution in six months of imprisonment, and eight hours of community service order) against an unfair defendant in sentencing is too unreasonable.

2. The judgment of the court below on the assertion of mistake of facts, and the defendant, on the same argument, rejected the judgment by the court below. The following circumstances, i.e., G and H that witnessed a dispute on March 19, 2015 between the defendant and F at the time of the judgment of the court below and the following circumstances, i.e., the level of spiting or spiting against the defendant.

In light of the following facts: (a) at the time, the Defendant made a statement to a witness that F spits or spits itself; (b) on May 12, 2015, the Defendant immediately filed a complaint against the Defendant on the spit spit spit spit spit spit spit spit spits against the Defendant at the time of F spit spit spit spit spit spit spit spit spit spit spit spits on the Defendant at the time of F, while on March 19, 2015, the Defendant himself was also unable to make consistent or specific statements on the circumstances where F spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit s

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