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(영문) 광주지방법원 2014.08.21 2014노1197
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the victim's indecent act by compulsion, the defendant did not report false facts.

B. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. The lower court determined that: (a) the following circumstances acknowledged by the evidence duly adopted and investigated; (b) the victim stated to the effect that there was no consistent indecent act by force from the investigative agency to the court of the lower court; (c) there was any other circumstance to suspect credibility; (b) the police officers belonging to the former North Korea Police Station, upon the Defendant’s report, sent to the site of the instant case by the Defendant; (d) the police officers called out at the time when the Defendant was called out to the scene; (e) the police officers of the former North Korea Police Station at the time were only able to confirm the statement that “the victim was stolen of documents; (e) the victim was assaulted by the victim; (iii) the intent to issue a medical certificate to the Defendant was hospitalized by the Defendant from May 1, 2013 to May 14, 2013; and (e) the victim was not admitted to the effect that the victim did not make a false statement from the investigative agency to the effect that the victim was sexually indecent act by force.

Examining the evidence duly adopted and examined by the court below in light of the records, the court below's fact-finding and judgment as above are just and acceptable, and there is no error of law of misunderstanding of facts as alleged in the grounds for appeal by the defendant.

In addition, the following circumstances, i.e., M, which can be considered by compiling the evidence mentioned above.

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