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(영문) 서울서부지방법원 2016.12.08 2016노1164
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a mistake of facts has heard that E has expressed a desire to do so, and only has filed a true accusation, but did not file a false accusation.

Nevertheless, the judgment of the court below is erroneous in finding the defendant guilty.

B. The lower court’s determination on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances revealed in the judgment records and arguments on the assertion of mistake of facts, E’s statement appears to be more reliable than the Defendant’s statement, and evidence duly admitted and investigated in the original instance including E’s statement, the Defendant’s assertion of mistake of facts is not acceptable.

E consistently from the police to the court of the court below, no one had expressed the Defendant’s desire at the time of the instant case. Moreover, even if the Defendant was found to have no longer needed to counter himself because he was the same as that of the Defendant’s abnormal desire to do so, he immediately moved to the seat next to the bus engineer, and even though he was able to do so, he stated that the Defendant only told the Defendant that he was “dying another’s photograph” and did not take any other words.

Even in case of CCTV images which were reproduced in the trial of the party, E does not seem to be the face of the defendant, and even in case where the defendant wants to drive off and take pictures E, E is viewed only from the window of the damage of the defendant, and only from the defendant's behavior, it is confirmed that he does not respond to the defendant's behavior.

The Defendant, while passing through the police station, expressed his arms to “the same bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of x

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