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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.04.01 2014노7082
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) Since the fact that the Defendant was raped from D and was injured, it cannot be said that the Defendant filed a false accusation. 2) The Defendant had sexual contact with D, and the Defendant had a little exaggeration in the process, and the Defendant filed a false accusation by exaggeration of circumstances. Thus, the crime of false accusation is not established.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, the accusation that the Defendant prepared and submitted by the Defendant merely stated that “at around January 2006, the Defendant was raped by the Defendant’s scambling off the Defendant’s her own seat, scambling the Defendant’s scambling, scambling the Defendant’s scam and inserting 30 minutes or more into the Defendant’s scambling with two fingers,” and did not specify specific facts as to how the Defendant’s scam assaulted the Defendant and raped the Defendant. However, the Defendant submitted a written medical confirmation to the effect that he was treated both sides at kne kne-free in the process of submitting a written complaint, and ② if the scambling of the Defendant’s scambling statement was made voluntarily at the investigative agency’s expense when the scambling statement was not entered in the original complaint, the Defendant should be deemed to have reported this part of the complaint (see, e.g., Supreme Court Decision 925Do26525, Da265.

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