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(영문) 대구지방법원 2014.12.18 2014노2001
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim.

Nevertheless, since the victim made a false accusation against the defendant to have committed an indecent act, the complaint of this case filed by the defendant is not false.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the evidence adopted and examined by the lower court and the lower court, the following facts or circumstances can be acknowledged as to the fact that the Defendant committed an indecent act by forceing the victim by using “satise chest” on the part of the victim, including the result of the CD reproduction (victim’s statement video viewing) viewing by the lower court and the lower court. A) The victim has consistently maintained from the police to the lower court’s trial, and consistently sold the fact that the Defendant committed an indecent act by deceiving the victim’s right chest part of the victim’s right chest on the floor, and then left the ground by standing am on the floor of the case. The Defendant, after the victim’s appearance, made the victim’s face part on the part of the victim’s her knife and knife the victim’s knife with the victim’s knife with the victim’s knife and knife with the victim’s knife with the victim’s knife.

The victim stated at the police 6 days after the occurrence of the case and expressed the victim's speech and attitude directly and in detail at the time when the defendant commits an indecent act by deceiving the victim's right chest.

B. The victim, at the site of the case, asked E, who is her husband, to report to the police, and the village president F, the prosecutor, and the prosecutor.

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