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(영문) 서울고등법원 2020.12.09 2020노984
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

The statements of witnesses lack consistency and credibility are not reliable.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) On August 28, 2018, the Defendant was sentenced to a judgment of rejection by the same court on July 9, 2019 on the ground that the withdrawal of the complaint from B was submitted to the court on July 8, 2019, while he was prosecuted for assault against B with the Seoul Northern District Court on August 28, 2018. The Defendant, on July 29, 2019, prepared a false complaint with respect to B using a pen-ro 21-gil 29 (Cheongyang Dong-dong), Seoul Dongdaemun Police Station civil petition office, Dongdaemun-gu, Seoul, 219, on the ground that he/she had been convicted of assault against B on July 22, 2018. The Defendant was convicted of the Defendant on the ground that he/she had been released from B on the face of B on July 8, 2019, on the ground that he/she had been convicted by the Defendant on the ground that he/she had been released from the Defendant’s 25-dong Park.

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