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(영문) 부산지방법원 2018.12.14 2018노2505
무고
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal is as follows: (a) although the Defendant reported false facts to B for the purpose of having criminal punishment imposed upon B, and there was no accusation, the lower court convicted him of the facts charged in this case; (b) the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion

2. The judgment of the court below and the court below acknowledged the following facts based on the evidence duly adopted and investigated by the court below, i.e.,: (a) the defendant consistently stated from the investigation agency to the court of first instance that there was no assault against the defendant; (b) the defendant made a police statement to the effect that "A has talked about the facts that he/she was assaulted against B," and (c) the defendant made a statement to the effect that "A does not have any fact that he/she was assaulted against the defendant," and (d) the defendant submitted the written complaint of this case from May 12, 2017 to February 9, 2018, which was about nine months after the defendant was assaulted against B, and the defendant did not secure any evidence, such as photographing on the part of the assault, issuance of a diagnosis certificate, and CCTV, and did not have any intention or demand to do so, and (e) the defendant did not have any criminal charge against B, as stated in the judgment of the court below.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and the Defendant’s appeal is dismissed under Article 364(1) of the Criminal Procedure Act, and the burden of litigation costs arising from the trial is determined as per the disposition by applying Articles 191(1) and 190(1) of the Criminal Procedure Act (Provided, That the judgment below is obvious that “ May 2, 2017” of 2nd page of the judgment below is a clerical error in the statement of “v. 12, 2017.” As such, it is ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure.

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