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(영문) 대법원 2018.05.15 2018도3
무고
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment of the court below in light of the records, it is just for the court below to reverse the judgment of the court of first instance which found Defendant A guilty on the grounds that there is no proof of crime as to the facts charged against Defendant A, and it is not erroneous in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules as alleged in the grounds of appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant B, an appeal may be filed on the ground that the judgment of the court below was affected by grave mistake of facts, only in cases where a death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been pronounced

Therefore, in this case where the above defendant was sentenced to a more minor punishment, the argument that the court below erred in finding evidence selection and probative value or finding facts based on it, or that the court below erred in misapprehending the legal principles as to the intention of false accusation on the premise of facts different from the facts acknowledged by the court below, is not a legitimate ground for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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