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(영문) 광주지방법원 2017.08.22 2017노2019
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since there was no fact that the Defendant had committed an indecent act by force against D, the Defendant “D was guilty of indecent act by force against the Defendant,” and D, E, and F raised a perjury to the same effect in the criminal case against the Defendant.

The filing of a complaint with D, E, or F to the effect that it is not false, but the defendant has no intention to commit a crime with no intention to commit a crime.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. As if the court below properly decided based on the evidence duly adopted and investigated on the argument of mistake of facts, ① the defendant was guilty of committing an indecent act against D in a criminal case against the defendant's forced indecent act, and the judgment of conviction became final and conclusive in the Supreme Court, the defendant was found guilty, and there was no new evidence, ② the defendant was erroneous in the judgment of conviction, and the defendant was ordered to dismiss the judgment of conviction, and the defendant was immediately dismissed and the decision of dismissal of the retrial became final and conclusive, the defendant again filed a complaint with the investigative agency for accusation against D, E, F without accusation and perjury. Thus, the defendant's accusation against D, E, and F was recognized as false facts, and there was no other evidence to reverse this, so long as there was no other evidence to reverse this, the defendant was sufficiently aware that the above accusation was false.

It is reasonable to see that the defendant's mistake of facts is without merit.

3. The instant crime of determining the illegality of sentencing was committed by the Defendant who committed an indecent act against D and was convicted of committing an indecent act against D, but the final judgment of conviction was rendered, and the nature of the crime is not considerably good.

Even though the defendant was convicted of a sex offense and was finally convicted, he has a high record of committing a sex offense against the victim.

In addition, compared to the court below, the situation that is the condition of sentencing in the court below.

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