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(영문) 서울서부지방법원 2016.07.07 2016노92
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The instant complaint is not a false fact, but a false fact, even if the contents of the complaint were false, there is no awareness of the falsity, and there is no intention to commit a crime.

Nevertheless, the court below erred by misapprehending the facts charged or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence (2,000,000 won) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. Inasmuch as the fact that a criminal judgment already became final and conclusive on the same factual basis is material that is sufficiently evidence, it is difficult to adopt a factual judgment in the criminal trial.

Unless there are special circumstances acknowledged, the facts contrary to the above cannot be recognized (see Supreme Court Decision 2009Do11349, Dec. 24, 2009). B. In light of the above legal principles, the health care unit in light of the evidence duly adopted and investigated by the court below, and the following circumstances acknowledged by these evidence, it is recognized that the contents of the defendant's complaint against C are false facts and that the defendant had the intention of false accusation against the defendant.

The decision is judged.

Therefore, we cannot accept the Defendant’s mistake of facts or misapprehension of legal principles.

① In the previous criminal case against the Defendant, the judgment became final and conclusive by recognizing that the Defendant forged a promissory note, etc. in the name of D.

② The grounds alleged by the Defendant are that most of the instant criminal cases were asserted and the judgment was previously rendered, and CBD’s testimony is false solely for such reasons.

or the defendant's decision on the facts of the above criminal trial is not available.

No special circumstance may be deemed to constitute a case in which a person is appointed.

(3) Documentary evidence that conform to the defendant's assertion has been submitted after the above final judgment.

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