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(영문) 대구지방법원 2015.10.23 2015노460
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence presented by the prosecutor in the gist of the grounds for appeal, the defendant's revolving revolving was already generated prior to the treatment of C, and the defendant was obviously aware of the fact that he reported false facts as stated in the facts charged in this case in order to obtain money from C, and thus, acquitted the defendant, by misapprehending the legal principles as to the crime of false accusation, which affected the conclusion of the judgment.

2. The lower court, on December 29, 2012, found the Defendant not guilty of the charge of medical treatment based on the following reasons: (a) even if the Defendant was diagnosed by the part of the right check part prior to the treatment on the right check part; (b) on December 29, 2012, due to the aggravation of pain after treatment by C, it appears that the Defendant visited the movable property and medical personnel of Gyeyang-gu University on January 15, 2013 to undergo a re-check by the heat of the part adjacent to the right check part; and (c) it would have been determined that the aggravation of pain was based on C’s unreasonable treatment process; (d) it was difficult to view that the Defendant was not guilty of the charge of medical treatment based on the fact that the Defendant received examination by the part prior to the right check part prior to the treatment on the right check part; and (e) it was difficult to view that the Defendant was not guilty of the charge due to the lack of evidence of the medical treatment prior to the treatment prior to the treatment of the Defendant’s 2121st diagnosis.29.

The above judgment of the court below is closely examined in light of the records of this case.

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