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(영문) 대구지방법원 2019.06.27 2018노3810
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts C did not attend the council of occupants’ representatives on November 21, 2014, and the Defendant on March 20, 2014;

5.22.

8.12.

9.2. Attending the council of occupants' representatives, but did not sign the minutes.

The Defendant reported false facts to the effect that B was not false.

B. The lower court’s sentencing (two years of imprisonment with prison labor for six months) is too unreasonable.

2. In light of the circumstances stated in its reasoning, the lower court determined that the Defendant could recognize the fact that the Defendant was not guilty as stated in the lower judgment.

The judgment below

Examining the reasoning of the lower court in comparison with the evidence examined, the lower court’s fact-finding and judgment are justifiable, and there was no error by misapprehending the facts, thereby adversely affecting the judgment.

3. The Defendant did not have any history of criminal punishment for the same kind of crime, and the respondent did not have any actual criminal punishment.

However, the crime of false accusation is not only a violation of the function of the state's criminal justice actively, but also a crime that causes a person without criminal punishment to be put in danger of unfair criminal punishment.

Although the Defendant filed a complaint with an investigative agency on a charge similar to the instant case, he filed a second accusation, and committed the instant crime.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the judgment of the court below shall be made ex officio, and Article 18.

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