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(영문) 서울서부지방법원 2016.01.22 2015노1538
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding is that C was the withdrawal of a female Handphone who scamed with the Defendant in Gangnam-gu Seoul on February 15, 2014 from Gangnam-gu Seoul on the part of the Defendant on the part of the Defendant. Therefore, C was a thief and filed a complaint against C, and there was no accusation against C.

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

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the following circumstances acknowledged by the court below’s duly admitted and investigated evidence as to the assertion of mistake of facts, the court below’s judgment convicting Defendant C of the facts charged in the instant case is justifiable, since it is reasonable to deem that the content of the Defendant’s complaint

The above assertion by the defendant is without merit.

(1) At the time when the Defendant and E were to take Handphones from the investigative agency to the original trial, C did not have been the withdrawal of a female Handphones carried by the Defendant at the time of having taken Handphones from the investigative agency to the original trial, and even if the Defendant was unaware of a

The statements are consistently made.

② On the other hand, the Defendant, at the time of the prosecutorial investigation on May 14, 2015, did not capture and specifically memory E at the time of the prosecutorial investigation, but C took a Handphone away from the floor.

On June 5, 2015, in the investigation conducted by the prosecution on June 5, 2015, C makes a sloping at the time and puts the handphone on hand with fingers.

Then, the phrase “to use for entertainment expenses” was made by asking “the person who used for entertainment expenses”

The statement is not consistent with the contents of the statement about the background of the crime.

③ In addition, on April 14, 2014, the Defendant: (a) stolen Handphones by C at the first trial date for the larceny case involving the said Handphones; (b) on April 14, 2014

However, on April 15, 2014, the next day of the statement was written by C with the knowledge that it was a theft of Handphones.

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