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(영문) 서울동부지방법원 2018.10.19 2018노993
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the Prosecutor, the lower court erred by misapprehending the facts and acquitted the Defendant of the instant facts charged, even though the Defendant did not have been assaulted by C in the form of a revolving, thereby making a false report, thereby recognizing C, even though he did not have any false fact.

2. Examining the evidence duly adopted and examined by the court below in light of the records, the court below's decision that the defendant was not guilty of the facts charged of this case on the ground that the evidence of this case alone, based on the judgment of evidence as stated in the judgment of the court below, merely appears to have been abused from C at a meeting place, and that there was a lack to recognize the fact that the defendant filed a false complaint against C even though such fact was not found, is justified and there was no submission of new evidence corresponding to the facts charged of this case in the court below. Thus, there was an error of mistake of facts

It does not seem that it does not appear.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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