(영문) 수원지방법원 2018.04.12 2017노9060 | 리걸엔진

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Reasons

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자간(%)

(영문) 수원지방법원 2018.04.12 2017노9060

무고

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since there was no misunderstanding of facts and misapprehension of legal principles that the Defendant did not assault C, the Defendant had no intention to do so, and the result of the video reproduction as evidence adopted by the lower court is inadmissible as evidence illegally collected.

B. The Defendant’s right to inspect and copy the case was infringed during the trial of the lower court in violation of the law, and the prosecution of this case was abused by the prosecutor’s right to prosecute, and the lower court is unlawful as it violates the Japanese

(c)

The punishment of the court below (3 million won) which is unfair in sentencing is too unreasonable.

2. Determination:

A. (1) Determination of the misapprehension of the legal doctrine on the assertion of mistake of facts and misapprehension of the legal doctrine is established when a person reports false facts to a public office or a public official for the purpose of having a person subject to criminal or disciplinary punishment, and the purpose of false accusation is sufficient when there is a perception that another person would be subject to criminal or disciplinary punishment in making a false report.

According to the evidence duly admitted and examined by the court below, the defendant abused C, but the defendant did not assault C.

The fact that C has filed a false accusation can be recognized.

For the foregoing reasons, the Defendant perceived that C would be subject to criminal punishment due to C’s accusation at the time of filing a complaint against C.

It is reasonable to view it.

Therefore, this part of the defendant's argument is without merit.

(2) The determination of the assertion, such as illegally collected evidence, is that a private person, took the Defendant’s Handphone by a private person, and does not constitute a wiretapping that is prohibited by the Communications Secret Protection Act, and there is no reason to deem otherwise to constitute an illegally collected evidence, and C himself/herself is recognized to have taken.

In addition, the content of a photograph.

유사 판례

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