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(영문) 광주지방법원 2018.11.13 2018노1107
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. Around February 17, 2017, the Defendant was assaulted by B.

Therefore, the defendant's complaint is not a false fact.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. 1) The lower court rendered a judgment by comprehensively taking account of the evidence indicated in the judgment, including the witness B and C’s respective legal statements, as follows.

Since February 17, 2017, the Defendant did not find out the circumstances that he/she had raised a problem against the fact of injury to B or his/her husband C, regardless of the way of filing the instant complaint. Moreover, even in the notice of delivery by content-certified mail to B on April 3, 2017, the Defendant merely demanded the payment of ‘health-certified food return', and there is no mentioning the fact of injury. Thus, it is difficult to accept in light of the Defendant’s ordinary attitude in the process of demanding return of health-subsidized food cost to B or C.

In full view of these circumstances, the facts of accusation stated in the facts of crime are recognized as false.

2) Taking into account the following circumstances, which can be acknowledged by evidence duly adopted and examined by the court below and the court below, the judgment of the court below was just, and there was no circumstance suggesting that maintaining the first instance court's decision on the credibility of the statement, such as B at the court below was remarkably unfair.

The court below erred by misapprehending the facts as alleged by the defendant.

subsection (b) of this section.

Defendant’s assertion is not accepted.

On February 20, 2017, the Defendant stated to the effect that, while receiving treatment at a hospital around February 20, 2017, the Defendant: “Around February 17, 2017, after being treated at the hospital, there was knee persium and knee persium.” (The investigation record 45 pages). The Defendant is the prosecution.

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