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(영문) 창원지방법원 2018.09.13 2018노1157
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-misunderstanding or misapprehension of the legal principles, the Defendant did not infusing the knife C at the time of July 19, 2017, and did not pose a threat to C, and the Defendant’s knife C with the knife of the Defendant’

“......” Since C had proved in the court that “the Defendant threatened the Defendant with a knife,” the content of the accusation submitted by the Defendant is not false.

The defendant only submitted a written complaint to ensure that the above facts were properly revealed in the criminal trial, and it did not aim to have C receive criminal punishment.

B. Sentencing

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, the Defendant asserted the same purport in the lower court.

Therefore, the lower court, based on the legal principles on the crime of false accusation and the evidence duly adopted and investigated, found in its reasoning, and based on the following circumstances:

C It can be acknowledged that there was intimidation by showing the attitude of provoking C, and ② Furthermore, the defendant had a purpose of having C receive criminal punishment.

Based on the judgment, the defendant was pronounced guilty.

Examining the judgment of the court below in comparison with the records, the above judgment of the court below is just and acceptable, and otherwise, the judgment of the court below on the credibility of the witness C and H testimony of the court below was clearly erroneous.

There is no objective evidence to acknowledge that a circumstance or its statement was objectively deemed to have no credibility.

We do not accept the Defendant’s factual mistake or misapprehension of legal principles.

B. Even when considering the circumstances in which the Defendant was informed on the grounds of appeal regarding the unfair argument of sentencing, the lower court appears to have determined the sentence within a reasonable scope by fully taking into account all the circumstances regarding sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Defendant’s assertion that the sentencing of the lower court is unfair.

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