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(영문) 전주지방법원 2016.05.27 2016노91
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) H’s statement is that it is difficult to view that specific and external circumstances exist to sufficiently guarantee the credibility of the statement, and thus, it is inadmissible. However, the court below rendered a guilty judgment based on the facts charged as evidence of guilt. The court below erred by misapprehending the facts due to violation of the rules of evidence in the judgment below.

2. The defendant alleged the same purport in the court below, and the court below rejected the above argument in detail by stating in detail the decision on the last part of "a summary of evidence". In light of the records, the court below's decision is just and acceptable, and there is an error of law by misunderstanding facts due to a violation of the rules of evidence, contrary to the defendant's assertion.

Therefore, the defendant's assertion is without merit.

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

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