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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2018.04.19 2017노2549
무고
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts and misapprehension of the legal principles were assaulted by police officers’ “G” at the time of the instant case. While the police officer’s name was not accurately known, the Defendant made a mistake and accusation against “E” as the person in charge of assaulting himself/herself in a notice of arrest warrant, and there was no awareness of the falsity of the facts of accusation.

2) The punishment sentenced by the lower court (six months of imprisonment, one year of suspended execution, and 80 hours community service) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too uneasible.

2. Determination

A. The lower court’s determination 1 on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) constituted seven jurors selected through lawful selection procedures and tried to participate in the trial. The lower court’s jury jury convicted him/her of the facts charged by the Defendant with a majority of the jury opinions (five of the seven jurors). The lower court’s judgment was based on the evidence duly admitted and investigated by the lower court, i.e., the following circumstances acknowledged by the evidence: (a) he/she was not present at the patrol team; (b) he/she was not present at the patrol team; and (c) in light of the fact that he/she was installed and videoed with a black box, it is difficult for G, a police officer, to deem that he/she easily assaulted the Defendant; and (c) the Defendant used the assault from G.

Although the lower court stated in the lower court’s court, H Council member I’s doctor I, who treated the Defendant, did not discover the Defendant’s joints or joints at the time of the diagnosis of the Defendant on July 9, 2016, and exceeded on June 29, 2016, and exceeded the head’s part.

하여 ‘ 머리의 기타 부분의 으깸 손 상’ 을 추정 질병 명으로 하여 진단서를 발급하였다.

(4) The written diagnosis drawn up by K doctor of the J Hospital shall be the defendant on June 29, 2016.

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