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(영문) 서울고등법원 2020.04.23 2019노2696
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fact-finding) is that the Defendant did not drink with D on January 16, 2018, and most of D’s complaints are false.

D and the testimony of the court of the court below, a witness present at the court below, are inconsistent with each other, and are contrary to objective data, such as the settlement details of the card of the defendant, and both D and J are motiveed to make a false petition of sexual harassment against the defendant. Thus, the testimony of the court of the court as well as the statement that the defendant was subject to sexual harassment from the defendant is insufficient credibility.

Nevertheless, the lower court found the Defendant guilty of the instant facts charged based on the statement by D and J. Therefore, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the judgment of the court below also asserted the same purport as the above grounds for appeal, and in light of the circumstances as stated in its holding, the court below determined that the defendant could actively report false facts to D with the intention of having D punished criminal punishment and that D was groundless.

B. In full view of the following facts and circumstances acknowledged by the court below's duly adopted and investigated evidence, the court below's decision is acceptable, and there was no error of mistake of facts as alleged by the defendant, as otherwise alleged by the defendant.

Therefore, this part of the defendant's assertion is rejected.

① From the time when the Defendant made a statement of sexual harassment as stated in the judgment of the lower court to the time and place of the Defendant’s statement of sexual harassment as stated in the judgment of the lower court, the details of the statement, and the response therefrom, which are consistent with the facts constituting the crime in the judgment of the lower court.

D's statement refers to the statement that does not directly experience the crime.

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