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(영문) 부산지방법원 2020.01.23 2019노2996
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the mistake of facts ① the crime of false accusation, there was no fact that the Defendant stated that he would bring clothes to B, and since the actual she thought that she would steal clothes and reported that she would do so, there was no intention to commit the crime of false accusation.

② In relation to the crime of fraud against the victim B, there was no intention for the defendant to acquire money by deceiving the victim.

③ In relation to the crime of fraud as to the victim B, the Defendant did not deceiving the victim as stated in the instant facts charged.

Nevertheless, the judgment of the court below which found all of the charges of this case guilty is erroneous in misconception of facts.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts: (a) the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the crime of false accusation; (b) the Defendant reported to the police that he had stolen clothes on October 26, 2017; and (c) on October 21, 2017, the Defendant appeared at the police station as the victim; and (d) stated that B took away the clothes of the Defendant at the marina shop operated by the Defendant (Evidence 639, Evidence No. 11-13, Evidence No. 2018, Evidence No. 639, and (b) B, upon the completion of the business of the marina shop operated by the Defendant with E from the investigation agency to the court of the lower court; (c) however, the Defendant agreed to sell the clothes instead of the above clothes to assist the Defendant’s difficult economic circumstances; and (d) the Defendant purchased the clothes from the Defendant and the Defendant and the Defendant stated that he sold it.

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