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(영문) 수원지방법원 2018.04.12 2017노8828
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant did not have committed an indecent act by force C, the Defendant did not make a false accusation, and submitted a written petition, etc. to the effect that C did not have been subject to forced indecent act, and could have made a false accusation, and the Defendant could not be aware of the falsity.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

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

2. Determination

A. The lower court rejected the Defendant’s assertion in detail on the same assertion as the grounds for appeal of this case, and the lower court stated in its judgment that the Defendant’s assertion was identical to the grounds for appeal of this case. In light of the records and closely comparing the above judgment of the lower court, the lower court’s determination is just and acceptable, and there is an error of law by mistake of facts

subsection (b) of this section.

B. In order to reverse the factual relations of the final and conclusive judgment rendered by the Supreme Court, the Defendant’s crime of determining the illegality of sentencing is deemed to have taken advantage of the victim of the indecent act committed by force, who is ageed, and thereafter, made a false accusation, and there is a need to punish the offender with poor quality

In addition, considering various conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, motive, and circumstances after the crime, the sentence of the court below is too unreasonable.

3. According to the 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. It is so decided as per Disposition.

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