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(영문) 수원지방법원 2019.01.24 2018노5633
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an assault to C on November 10, 2015 by means of spreading water.

Nevertheless, the Defendant testified as if he had spawnd C with water, and the Defendant only accused of perjury and did not dismiss B.

B. In light of the background of the instant case’s unreasonable sentencing, the lower court’s penalty of KRW 2 million is too unreasonable.

2. Determination:

A. The lower court acknowledged the following circumstances based on the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts: (i) the Defendant observed the apartment of this case E at the time of spreading water to C; (ii) the head of the management office of the apartment of this case; and (iii) the Defendant stated that “B was unable to have been able to have the Defendant continued to work in the apartment of this case, even if he did not have any other arguments; and (iv) the Defendant’s allegation that there was any assault against C by using the aforementioned statements and photographs at the time of the assault incident, etc., was sentenced on June 13, 2017, and the conviction was finalized on December 30, 2017, and (iii) the Defendant stated that “B was not able to have any other evidence since he did not have any other facts,” but the Defendant did not consistently accept the investigation as stated in the lower court’s judgment, taking account of the following circumstances: (i) the Defendant’s assertion that there was no other evidence that the Defendant did not have to have any other evidence.

B. The Defendant revoked the accusation against B by the investigative agency on the assertion of unfair sentencing, and the Defendant did not have any record of punishment for the same kind of crime.

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