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(영문) 서울중앙지방법원 2015.12.23 2015노3261
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. The Defendant’s accusation that is without doubt is consistent with the facts in basic factual relations, and thus, is not false, and even if some falsity is included, it is merely an exaggeration of the circumstances, and thus does not constitute a crime of false accusation.

B. The Defendant, as indicated in the judgment of the first instance court, did not threaten the victim or intrude into a residence.

Even if the defendant committed sound as stated in the judgment of the court of first instance, he did not constitute a intimidation and did not intend to make intimidation.

Even if the defendant infringed on the victim's residence as stated in the judgment of the court of first instance, it constitutes a justifiable act that does not violate social rules.

2. Determination

A. The Defendant asserted the same purport in the first instance trial.

The first instance court rejected the Defendant’s assertion in detail under the title “determination on the Defendant’s falsity of fact”.

Compared with records, the first instance judgment is justifiable.

This part of the defendant's assertion is without merit.

B. The Defendant asserted the same purport in the first instance trial.

The first instance court rejected the Defendant’s assertion in detail under the title “determination on the Defendant’s residential intrusion and intimidation” and “determination on the Defendant’s assertion of justifiable act”.

Compared with records, the first instance judgment is justifiable.

In light of the circumstances properly recognized in the first instance trial, the defendant's intent of intimidation is also sufficiently recognized.

This part of the defendant's assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

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