logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.12.15 2016노3466
무고등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In fact, the defendant and the victim of mistake of facts did not see the fact that the victim himself/herself has satisfyd with each other, and there is no fact that the defendant used violence that satisfys the victim's bat.

In addition, even though the defendant did not have committed the above assault against the victim, the victim made a false report that the victim was assaulted by the defendant. Accordingly, the defendant submitted a complaint to punish the victim as a crime of false accusation, verbal violence, intimidation, personality conspiracy, etc. (hereinafter “the complaint of this case”). Thus, this is not a false report.

Nevertheless, the court below found all of the crimes of violence and accusation guilty, and there is an error of law by misunderstanding facts, which affected the conclusion of the judgment.

The sentence imposed by the court below on the defendant (two months of imprisonment and a fine of three hundred thousand won, and two years of suspended execution of imprisonment) is too unreasonable.

Judgment

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court of the lower court, the lower court determined that the Defendant’s assertion that Defendant B did not constitute a crime of assault and a crime of false accusation in its holding is not acceptable since the Defendant did not have committed an assault against the victim.

(1) The statements of a victim and witness I are reliable because they correspond specific and alternatively to them.

② G also stated that the body was fighting between Defendant B and the victim during the police investigation process.

③ Since the testimony of the witness M as shown in the argument of Defendant B and the defense counsel was in the place where M was not visible to Defendant B and the victim, it is insufficient to reverse the facts charged.

A thorough examination by comparing the above judgment of the court below with the records.

arrow