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(영문) 의정부지방법원 2015.06.17 2014노2352
무고등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts: (a) The Defendant did not have a son’s fingers of D (hereinafter “victim”); (b) the wife suffered by the victim was merely a flag of the Defendant’s flag and flag of flag while flaging the Defendant’s flag toward the Defendant; and (c) even if the victim suffered a bodily injury due to the Defendant’s act, the injury suffered by the victim is naturally cured depending on the passage of time, and cannot be deemed to be included in the concept of injury under the Criminal Act.

Furthermore, the defendant and the victim filed a complaint that the victim intentionally reached knife of the defendant because the victim's knife has contacted the defendant's knife at the time of the dispute.

This is merely an exaggeration of the circumstances.

Nevertheless, the judgment of the court below which found all of the facts charged in this case guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 2,500,000) is too unreasonable.

2. Ex officio determination

A. According to Articles 157 and 153 of the Criminal Code of relevant legal principles, when a person who committed an act of false accusation under Article 156 of the same Act makes a confession or acceptance of a person prior to the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted, which provides that the confession prior to the final and conclusive judgment shall be the cause of necessary mitigation or exemption. Since there is no legal restriction as to the procedure of confession as above, it is clear that the confession against the court dealing with the reported case or the adjudication division dealing with the reported case was a witness again and that the report was superior to the truth, as the defendant or suspect of the accused case of the accusation, and is included in the concept of the above confession by the court or investigation agency, and as long as the defendant has led to a confession, it shall be withdrawn thereafter.

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