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(영문) 서울동부지방법원 2014.11.14 2014노1081
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of mistake of facts was revealed in the course of the victim’s false accusation, i.e., the victim’s false accusation, i.e., the victim’s rapes the victim even though the defendant had not been raped, and thus, the victim filed a complaint as if the victim had been raped. The victim was investigated by the police, and the victim stated to that effect. However, the victim’s investigation was conducted by the prosecution only stated that “the defendant was made on the ground that he was behind a cellphone,” and that the victim did not make any statement about the part of intimidation and intimidation or did not recognize it. In light of the above, the court below erred by misapprehending the facts, and thereby convicted the Defendant.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The evidence duly admitted and investigated by the court below as to the assertion of mistake of fact, and the following facts that can be recognized by the evidence, i.e., the defendant was found to have filed a false complaint even though the victim did not have been raped from the defendant; however, at the time of the occurrence of the instant case, the defendant actually abused and injured the victim; and the defendant also recognized such contents; ② the victim revoked the complaint against the defendant at the investigation stage; and immediately after the submission of the written application to the defendant, the police and the prosecutor's office investigation process, and the court of the court of the court below (the prosecutor's examination process against the victim who was a co-defendant) maintained the first statement as to "the defendant had threatened the defendant with his eye and with his eye in comparison with his eye."

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