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(영문) 서울고등법원 2015.04.24 2014노3291
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is merely a person who was committed in the view that the victim was guilty of indecent act and suffered the wound, and did not commit an indecent act or have injured the victim, and did not mislead the victim due to false facts.

The Defendant paid 600,000 won to the victim through F, which is the victim’s internal son of the victim, to the victim through F, and the F recommended the agreement by the son, and agreed to pay 200,000 won to the victim during the judgment of the court below. The Defendant merely led the victim to a false confession in the court of the court below on the ground that “The agreement was reached, which would have to be caused to commit a crime.”

B. The lower court’s sentencing (three years of imprisonment and six years of suspended execution for two years and six years) is too unreasonable.

2. Determination

A. According to the records on the assertion of mistake of facts, the defendant denied the facts charged not later than the third trial date of the original trial; the victim appeared on the fourth trial date of the original trial and testified consistent with the facts charged; and submitted a written agreement that does not want punishment against the defendant; and the defendant made a confession of all the facts charged on the fifth trial date of the original trial.

However, the confession at the court of original instance by the defendant is not only consistent with the victim's consistent statement and text messages, but also it is difficult to view that the defendant, who was a professor holding concurrent office at a university, had motive or reason to make a false confession during the suspension of execution, as a professor holding concurrent office at the court of original instance, had motive or reason to make a false confession, and some testimony of the witness F at the court of original instance cannot be

Furthermore, in full view of the evidence examined by the court below, including the consistent statement of the victim and the confession of the defendant, it is sufficient to find the defendant guilty of each of the crimes of this case.

This part of the grounds for appeal cannot be accepted.

B. On the assertion of unfair sentencing

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