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(영문) 서울북부지방법원 2021.01.28 2020노1060
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is true that the defendant misunderstanding the fact that the defendant took the hand of the defendant and assaults the defendant with the wheels of the defendant's arms.

Even if the defendant's wife was not caused by the defendant's intentional assault, there was no perception that the defendant's accusation was false since it occurred in the course of dispute between the defendant and the defendant's wife.

Nevertheless, the lower court found the Defendant guilty of the facts charged by employing the images of the CD (CCTV) without admissibility as evidence or by erroneously determining the probative value of other evidence.

B. The punishment sentenced by the lower court against the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted the same purport, and in full view of the facts consistent with the truth acknowledged by the evidence, such as the content of each statement submitted by the Defendant to an investigative agency and the investigation agency, the details of the accusation, and CCTV video images, determined that the Defendant submitted a false complaint with the intent to have the Defendant subject to criminal punishment, even though the Defendant did not have been abused as the content of the accusation, was sufficiently recognized.

The judgment of the court below is just and there are errors in the misapprehension of the facts alleged by the defendant, in light of the following circumstances, which can be acknowledged based on the evidence duly adopted and examined by the court below.

subsection (b) of this section.

1) The Defendant is clearly admitted that there is a fact that the Defendant sub-party gets a hand of the Defendant in the vicinity of the bus intermediate entrance, and it is evident that CCTV video has been compiled in view of the absence of such a face, and the CCTV video is admissible as a copy.

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