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(영문) 대구지방법원 2013.11.28 2013노1904
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) at the time of the instant case, the Defendant only told the victim and D to the end, and did not perform any act, such as cutting down the victim’s breath or cutting down his arms and body together with D and B.

Therefore, it does not constitute a false accusation to the effect that the Defendant filed a complaint against the victim to the effect that “the victim was assaulted by the Defendant is a false accusation.”

Nevertheless, the judgment of the court below which found all of the facts charged in this case guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. The victim of the judgment stated in the investigative agency and the court that the defendant jointly with D and B was injured by the victim.

And in the investigation agency and court, the F is also stating that the defendant was sworn with D and B in the investigation agency and court.

The above statements are specific and clear, and there is no special circumstance to suspect the credibility thereof.

In addition, there are also materials that contain the contents of treatment consistent with the statement of the victim.

As such, it is recognized that the defendant inflicted bodily injury on the victim. Thus, the defendant's submission of a written complaint to the effect that "the victim has never been abused by the defendant, and thus has filed a complaint, and thus punished for false accusation is different." constitutes a crime of false accusation.

Therefore, the court below's finding all of the charges of this case guilty on the grounds of the above circumstances is just and there is no error of mistake of facts.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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