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(영문) 창원지방법원 2015.04.01 2014노2394
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The J, I, and H consistently make a statement that, in fact, the person under whose case the misunderstanding of facts is not erroneous, the person under whose case the Defendants forced the Defendants to blus and forced him to do so, credibility is recognized in the statements of the witnesses on the part of the person under whose case they

In addition, Defendant B made a statement that he was not guilty of indecent act, etc., and the Defendants’ suspicion of false accusation is sufficiently recognized, but the lower court acquitted Defendant B of the facts charged as to the act of false accusation by rejecting the statements of the witnesses on the part of the person under whose suspicion was not committed.

The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of an unreasonable sentencing (fine of KRW 3,00,000) imposed on Defendant B is too uneased and unreasonable.

2. Determination

A. The summary of the facts charged 1) The Defendants are those who were members of the E U.S. dollars. Defendant B was dismissed on May 25, 2013 from the Republic of Korea without permission, but was discovered to the J, the Director of the Management Office.

6.1. The Defendant B’s wife, who became aware of the network in front of the U.S. Won, called Defendant B’s wife and her husband, to be in charge of his spouse management by leaving each phone to the wife of J and her husband who caused the U.S. dollars, but the Defendants were to be investigated into the J Jan Sea Police Station by being genuine from J.

Defendant

A During the same month, he prepared a note to the effect that “J committed an indecent act against this woman or low-income woman on the spot, and even given a non-hulled and preferential treatment with the body that I left, love and frighted,” and Defendant B stated that he was subject to an indecent act on the private job of only Defendant A, subject to the investigation of the contents of the report from the persons related to the company, by signing on the same article and submitting it to E, and subject to the investigation of the contents of the report from those related to the company.

The J's defect that the Defendants would file a complaint due to the large portion of the J, and the Defendants were able to first file a complaint.

Defendants are subject to criminal punishment by J.

8.Seongwon-si L, Changwon-si L.

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