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(영문) 서울고등법원 2014.04.15 2014노425
무고등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the defendant's case is erroneous and subject to medical treatment and custody (hereinafter "defendants").

(2) The first instance court convicted the victims of the false accusation and intimidation. The first instance court's judgment erred by misapprehending the facts and affecting the conclusion of the judgment. 2) The first instance court's sentence of unfair sentencing (one year and six months of imprisonment and six months of imprisonment) is too unreasonable.

B. In the part of the medical treatment and custody case, there was a mental disorder caused by brain injury at the time of the instant crime, but at present, due to appropriate medication and efforts by the Defendant, the mental disorder was almost completely cured. Therefore, the medical treatment and custody disposition is unreasonable.

2. Determination:

A. In full view of the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts, the first instance court’s conviction of the Defendant in the charges of false accusation and intimidation is justifiable, and there is no violation of law that affected the conclusion of the judgment by misunderstanding the facts. Therefore, the Defendant’s assertion of mistake of facts cannot be accepted. 2) In full view of various circumstances that are conditions for sentencing, such as the Defendant’s age, character, conduct, family relation, motive, circumstance, consequence, and circumstance after the crime of this case as seen below, the sentence of imprisonment with prison labor for each of the crimes of false accusation as indicated in the judgment against the Defendant cannot be recognized as being unfair because the sentence of the first instance court, which sentenced six months to imprisonment with prison labor for each of the crimes of intimidation and defamation is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

B. The first instance court’s judgment on the medical treatment and custody case is based on the evidence duly admitted and investigated, namely, the following circumstances.

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