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(영문) 광주지방법원 2018.03.28 2017노761
무고
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Since there was no misunderstanding of the facts and misapprehension of the legal principles that the Defendant did not assault K, the contents of the instant complaint cannot be deemed to be false. Even if the contents of the complaint were false, the Defendant convicted that he did not assault K and did not have committed any act. In light of the circumstances, the Defendant recognized that the content of the complaint was false.

shall not be deemed to exist.

Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court (six months of imprisonment, two years of suspended execution) that was unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following circumstances acknowledged by the evidence duly adopted and examined at the lower court’s determination on the Defendant’s assertion of misunderstanding of the facts and legal principles: (i) the Defendant, who was the birth of J, a candidate for G head of G Gun, sent to the sixth simultaneous local elections on May 23, 2014; (ii) caused two serious injury to K by putting the He’s rash belt, which is a campaign speechmaker who supported H, and forced him to go out to a candidate for G Gun; and (iii) around May 26, 2014, K used violence against the Defendant on May 23, 2014, before the instant complaint; and (iv) around 20, the Defendant also declared that the Defendant was guilty of having committed violence against the Defendant on May 29, 2014; and (iv) the Defendant’s 20th judgment that declared that he/she was guilty of assault against the Defendant on May 29, 2014 to the effect that he/she had been convicted of a fine on the election day.

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