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(영문) 대구지방법원 2016.11.02 2016노1585
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that F consistently stated that the defendant was not less than when the defendant was committed, while the defendant asked E to make a false statement that "F was less reliable than the defendant's statement," the court below accepted the defendant's assertion and acquitted the defendant of the facts charged in this case. Thus, the court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. Examining the evidence of this case in detail in light of the records, the court below is justified in finding the defendant not guilty of the facts charged of this case on the ground that the statement of F, G, and H, which corresponds to the facts charged of this case, is hard to believe as it is, and there is no other evidence to acknowledge it. The statement that the defendant was assaulted by F at a singing room and at the entrance of the police, is merely an exaggeration of the fact, and there is no error of misconception of facts as argued by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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