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(영문) 서울남부지방법원 2020.09.17 2019노2136
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the credibility of C’s statement that did not commit an indecent act against the Defendant is acknowledged, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. In light of the circumstances stated in its holding, the lower court acquitted the Defendant of the facts charged on the ground that it is difficult to recognize the credibility of C’s statement that there was no indecent act against the Defendant, and thus, it is insufficient to readily conclude that the Defendant reported false facts with respect to

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and contrary to the prosecutor’s assertion, the court below did not err by misapprehending the legal principles, or by

Therefore, the prosecutor's above 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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