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(영문) 대구지방법원 2018.07.20 2018노1835
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not have any fact that the Defendant had been raped from E in fact (misunderstanding of facts). 2. The Defendant alleged that he had the same purport as that of the above facts alleged in the lower court, and the lower court accepted as a witness and examined the E as a non-high person, and held that he has credibility in the statement.

Considering that the defendant reported false facts for the purpose of having a criminal punishment imposed upon E, and made a false accusation against E.

Accordingly, the defendant's above assertion was rejected.

The following circumstances, which can be acknowledged by the court below based on the evidence duly adopted and investigated by the court below, namely, the defendant, from March 12, 2017 to April 2017, 201, sent the victim of rape to the victim of rape, for the following reasons:

At the time stated in the instant facts charged, the Defendant sent several difficult text messages. At the time of filing a complaint with E, the Defendant submitted a photograph of the suspension of questioning and the tearing raging type, which was then requested by the investigative agency to submit the material, and failed to submit a vindication that makes it difficult to obtain the material. The Defendant had a large number of transfusions due to the rape of E, and the Defendant was fluenced in the text of this case.

However, the lower court’s determination is justifiable in light of the following: (a) no person visited the hospital for more than one month after March 12, 2017 and did not receive medical treatment or treatment; and (b) on April 18, 2017, when filing a complaint of E on April 18, 2017, the relevant physician’s appearance, etc. was insufficient to confirm the appearance, etc.; and (c) the Defendant’s assertion of mistake is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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