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(영문) 춘천지방법원 2018.02.07 2017노250
무고
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was assaulted by D to make a statement to an investigative agency, the lower court found the Defendant guilty of false accusation, which erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the judgment of the court below as to the defendant's assertion of mistake of facts and the evidence duly adopted and examined by the court below and the court below, that is, the defendant, according to the voice recorded in the black box, D, I am special.

D, as stated by the investigation agency on June 26, 2016, the Defendant expressed that he assaulted the Defendant. However, on the part of the police prior to the assault, the Defendant, as stated by the Defendant, expressed his desire to “I am sp. sp. sp. sp. sp. sp.s. sp.s.s.s.s.s.s.s.s.s.s.s.s.s.s. am from the car to the driver’s seat, and the Defendant, “I am sp.s.p.s.s.s.s. s.s.s.s. k.s.s.s.s. and kn.s.s.s.s. kn.s.s.s. kn.s.s.s.s. kn.s.s.s.s.s.,

Therefore, the author's "human stoves".

If so, the liquor tax shall be required as soon as possible.

D re-speed the chest by hand while stating that “I have to do so.” D re-speaked the chest by hand.

There is no statement to see that the voice recorded in the black box is the subject of assault against D, or that D is the subject of assault against D, in the voice recorded in the black box.

The fact that there is no misunderstanding, the form of the Defendant and D after stopping the F CCTV images and the form of telephone conversations with the Defendant, but the form of assault is not found, and the voice and the F CCTV images recorded in the black stuff are uneasying the Defendant’s driving.

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