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(영문) 대구지방법원 2020.02.07 2019노4505
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

B. As to Defendant 1’s mistake and mistake of facts), the Defendant did not constitute a false accusation since he had actually suffered violence from C.

B) As to the special intimidation against the victim E on January 11, 2019, with regard to the crime of assaulting on April 17, 2019 against the victim on March 28, 2019, the defendant did not pose a threat to the victim as in this part of the facts charged. As to the crime of assaulting the victim on April 17, 2019 against the victim, the victim was only harming the mobile phone while avoiding the defendant, and the defendant did not harming the mobile phone by causing the loss of the victim. As to the crime of assaulting the victim on April 17, 2019 against the victim E, there was no fact that the defendant was booming the victim, but there was no fact that the victim was booming on the part of the victim, as in this part of the facts charged.

2. The sentence sentenced by the court below on unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined in the court below’s determination of the Defendant’s assertion of mistake of facts: (a) the operator of a cargo vehicle at the time of the instant case stated in the court below that the Defendant and C did not fight his body at the time of the instant case; (b) the witness G also stated in the investigative agency and the court of the original instance that C did not fight the Defendant; and (c) the Defendant’s behavior, which appears to have been taken in the process of reorganization after most of the cargo loaded at the time, cannot be seen as after the victim of the assault.

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