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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2015.01.30 2014노1261
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. Although there is a fact that the defendant prepared a written complaint with respect to the facts constituting the crime as stated in the judgment below in the summary of the grounds for appeal, and distributed a written complaint, the contents stated in each of the above documents do not constitute a crime of false accusation or defamation.

Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination:

A. The lower court convicted the Defendant in relation to the facts charged in the instant case on the grounds of the Defendant’s partial statement in the second trial record, the witness I’s legal statement, the witness D, G, K, and H’s respective statement in the third trial record, the witness M’s statement in the fourth trial record, and the investigation report (investigation into the suspect A’s command of inspection related to defamation).

B. 1) In full view of the following facts acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion on the crime of false accusation, it can be recognized that the Defendant committed the crime of false accusation as the time of original adjudication. A) D appeared as a witness at the lower court’s decision and stated that there was no hummatic intent as stated in the lower judgment at the date and time, and at the place of the lower judgment (No. 46 of the record of trial), and the investigative agency stated to the same effect.

B) G, K, H, M, and N, which were in the meeting room of the instant apartment management office, stated to the effect that the lower court or the investigation agency, did not have any fact that D did not take or take a bath to the Defendant. Therefore, the lower court’s determination is justifiable and acceptable. In so doing, it cannot be deemed that there was any error of mistake of facts as alleged by the Defendant, and the Defendant’s aforementioned assertion is without merit. 2) The lower court’s determination on the assertion on defamation is acknowledged by the evidence duly adopted and examined by the lower court.

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