logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.10.29 2018노3169
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since it is true that a person who is not aware of the fact has expressed a desire to do so to the defendant, there is no room to establish a crime of false accusation against the defendant.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant's assertion that there was an error of mistake of fact in the judgment of the court below which found the defendant guilty of the facts charged of this case is without merit, since it is sufficiently recognized that the defendant reported false facts to the investigation agency for the purpose of having the defendant under criminal punishment.

B. As to the wrongful assertion of sentencing, there were no unfair consequences such as the Defendant’s receiving criminal punishment due to the instant accusation, and there were many circumstances where the Defendant is aged.

However, in that the crime of false accusation is not only actively infringed on the nation's criminal justice function, but also is at risk of being subject to criminal punishment against others, and in particular, the defendant taken active measures to achieve the purpose of accusation, such as having another person make relevant false statements in this case.

Even though it is evident that the defendant's non-guilty person suffered from a severe pain due to the defendant's accusation, while being investigated as the person who had been subject to the investigation, and had suffered from a severe pain without prison labor (in addition, the defendant repeats complaints against the person without prison labor for more than 50 times in total, and most of them were prosecuted). The defendant did not seem to have an attitude against the defendant's wrong act such as denying the defendant's efforts to recover books or damage until the trial is dead and the defendant denies his criminal act.

The defendant has already been sentenced to criminal records of the same kind, including criminal records, and is also subject to these criminal records.

arrow