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(영문) 서울남부지방법원 2015.06.26 2015노206
무고
Text

The defendant's appeal is dismissed.

Reasons

The summary of the defendant's grounds for appeal is that the defendant suffered injury by face from C on December 8, 2006, and thus, it does not constitute a crime of false accusation, and the above facts can be acknowledged by F's statement after witnessing the above injury case. However, despite lack of evidence to acknowledge that the defendant filed a complaint against C due to false facts, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misunderstanding of facts or misunderstanding of legal principles.

On March 10, 208, the first instance court 2007 Godan2314, which was the case subject to review, and the first instance court 2007 Godan2314, and the second instance court 2007 Godan2314, which was the case subject to review, testified to the effect that “A did not have any body fighting between the Defendant and C at the time of the instant case. C did not have any body fighting between the Defendant at the time of the instant case, but did not have any body fighting.” The second instance court 200, which was the first instance court 3) granted F’s testimony as evidence of conviction as to the facts charged in the instant case, and the second instance court 200,000 won was issued a summary order on December 31, 2012, and it is recognized that the above summary order became final and conclusive.

However, considering the aforementioned circumstances, the lower court, based on the evidence duly adopted and investigated, stated that “C was trying to find out the Defendant, but it was not deemed that the Defendant was satisfied,” and that “C did not take any action that it did not take part in the Defendant,” which was the first testimony and consistency in the court’s 2007 Godan2314 case, which is acknowledged by the evidence duly adopted and investigated by the lower court, was credibility in the statement, and at the time of this case.

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