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(영문) 서울서부지방법원 2020.09.24 2018노1031
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, there is no fact that the Defendant insulted B, or inflicted a bodily injury on B in knife B, a musta, etc. However, the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous in misunderstanding of facts. 2) At the time of the crime of this case, the Defendant was in a state of mental disorder due to Compilation personality disorder.

3) The sentence of the lower court on the grounds of unreasonable sentencing (a fine of eight million won) is too unreasonable and unfair. B. The lower court’s sentence (a fine of eight million won) by the Prosecutor is too uneased and unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's assertion of mistake of facts and evidence duly adopted and examined by the court below, i.e., (1) the defendant was sentenced to 8 months of imprisonment at the Seoyang-si District Court on November 27, 2013 to B at a place where 6-7 students and school employees work as a teacher in Ansan-si D Elementary School E class and corridor, etc., "this year is deemed to have been within 10 years of internal calculation of tax base of, and 3 years of, the amount of money in flight-friendly, and the other male and wind and the escape-friendly years. This year is deemed to have been different male and diving years." On June 17, 2015, the defendant was finally sentenced to 10,000 imprisonment with prison labor at the Seoyang-gu District Court on September 25, 2015 (Seoul District Court Decision 201Da3610, 2010, 200, 2015).

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