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(영문) 서울북부지방법원 2018.04.06 2018노41
사기등
Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor in 1 year and 10 months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment of the lower court (two years of imprisonment) is too unreasonable.

[The defendant and his defense counsel added an assertion of mistake of facts about the crime of false accusation to the court below on the first trial date, even though the defendant was actually subject to violence and intimidation from D, the court below erred in finding facts differently.

However, the above argument is a new argument that was filed after the lapse of the period for appeal, and cannot be viewed as a legitimate ground for appeal, and even ex officio, the defendant suffered violence and verbal abuse from D from D on September 2014.

Then, on the date of assault and verbal abuse, the paper prepared a performance letter to D in the specialty of the coffee.

In light of the fact that: (a) the Defendant prepared a written performance from July 3, 2014 to September 1, 2014; and (b) no separate written statement was prepared thereafter; (c) the Defendant’s diagnosis on October 24, 2014 (2) the date of the outbreak does not coincide with each other; and (b) the date of the outbreak (2) the Defendant’s diagnosis on October 24, 2014 (26 pages of the evidence No. 2949 of the high group 2017, group 2949, group 26), even based on the Defendant’s assertion, the Defendant was issued a medical treatment after being mixed with one another at home; and (d) the date of the outbreak (2017, group 2949, group 34 of the evidence record) on September 23, 2014, on which the date of the outbreak was the date of the assault by the Defendant; and (e) the date of the outbreak does not directly coincide with D and the aforementioned written diagnosis.

(3) When considering the fact that the Defendant made a confession as to the crime of false accusation at the lower court, and the Defendant did not present any reasonable grounds for reversal of the statement, the Defendant reported a false fact with the intention of having D receive criminal punishment, even though he did not have any assault and verbal abuse from D in relation to the police officer performance statement on September 2014, 201.

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