(영문) 대구지방법원 2014.12.19 2014노1962 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2014.12.19 2014노1962

무고

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All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (six months of imprisonment) is too unhued and unfair.

B. Defendant 1) The lower court convicted the Defendant of the facts charged in this case, despite the fact that there was no fact that the Defendant committed a indecent act by compulsion, and that D did not have any fact of witnessing the Defendant’s indecent act by compulsion, and that there was no false report with respect to C and D, and that the Defendant urged investigation into whether there was any false content in the diagnosis document prepared by E at the time of filing a complaint. Since the aforementioned diagnosis document contains false content, the purport of punishing E is not the purport of punishing the reported part, and thus, it cannot be recognized as a intentional act on the part reported. (2) The Defendant with mental or physical disorder was guilty of the facts charged in this case.

3. The sentence imposed by the court below on the defendant is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the following circumstances acknowledged by the records of this case on the part of the judgment on the Defendant’s assertion of mistake of facts and misapprehension of legal principles regarding C and D, namely, C and D have made a concrete and detailed statement from the Defendant in the court of the case on the crime of bodily injury caused by indecent act by compulsion by the Defendant, which are consistent with the statement; D’s witness’s statement also conforms to C’s above statement; D was a customer in a singing room operated by C; D and they made a statement at an investigative agency to the extent that they were living in the same kind and kind as C; D had no other special relation with C and D; C and D have made a statement to the effect that they prevented the Defendant from driving their arms by force; and C and D made a statement to the effect that they prevented resistance by force on the part of Apr. 23, 2012 after the commission of indecent act by force.

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