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(영문) 의정부지방법원 2019.05.27 2017노433
무고
Text

The defendant's appeal is dismissed.

Expenses of the original judgment and the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal is that the defendant, only for the transfer of ownership of the forest of this case, was changed to B with the purpose of allowing B to use the forest of this case.

However, B made a letter of agreement and a letter of obligation succession without permission using the above table, and the defendant is not guilty of false facts, but has no intention to commit an offense against the defendant.

2. We examine the judgment of the court below, and the defendant asserted that he denies liability for the crime of false accusation, and the court below rejected the defendant's argument and found the defendant guilty of the charges on the grounds as stated in its reasoning. According to the evidence duly admitted and investigated by the court below, the facts as at the time of the original trial can be recognized, and there is no error of law that affected the judgment, such as

3. According to the conclusion, the appeal by the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the court below and the court below is without merit. It is so decided as per Disposition by the court below on the burden of the defendant pursuant to Articles 191 (1), 190 (1), and 186 (1) of the Criminal Procedure Act.

(However, the second sentence "D" in the second sentence of the judgment of the court below which clearly states a clerical error shall be deemed to be "F", and the second sentence "performance of obligation" in the second sentence shall be deemed to be "performance of obligation" in accordance with Article 25 of the Rules on Criminal Procedure.

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