(영문) 대구지방법원 2019.06.25 2019노543 | 리걸엔진

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Reasons

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(영문) 대구지방법원 2019.06.25 2019노543

무고

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since a person who is not erroneous of facts orders the person who is not erroneous of facts to be the subject of the defendant's physical examination, the complaint on this part is not false.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. The sentence imposed by the court below (two years of suspended sentence in October) is too unreasonable.

2. Determination

A. In full view of the following facts duly admitted and examined by the court below as a whole in regard to the assertion of mistake of facts, the defendant's complaint with the purport that the defendant ordered an innocent person to be the subject of the judgment to be the subject of the judgment, can be sufficiently recognized as false.

(1) When the investigative agency stated that there was no fact that the person had ordered the person to be the accused at the time of the case, the person was specifically and in detail explained the details of the dispute, the details of conversation with the accused, etc.

② The Defendant stated in the complaint that the person who was not the subject of the complaint had a line of peace and had ordered the opening to be the subject of the complaint.

However, according to the field CCTV images of the case, there is no fact that a person in charge of the crime is set up a line.

(3) No person who has no device from CCTV is able to find a face that threatens the defendant by using a dog in the CCTV image.

The Defendant, upon examining CCTV images in an investigative agency, specified the face where the victim was ordered to open the body, but at the time, the Defendant and the victim were maintaining a distance of 5 meters, and instead, the victim was able to go in the direction of opening the Defendant.

B. As to the assertion of unfair sentencing, the defendant's error is recognized as a whole, and the defendant has no same criminal power.

The defendant is not in a state of health with a disabled person of grade II with intellectual disability.

However, the crime of accusation is serious to the person who is not accused.

유사 판례

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