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(영문) 수원지방법원 2016.07.14 2016노1681
무고
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misapprehension of legal principles did not recognize that the same contents as the contents of the instant facts charged were false, so even though the Defendant did not have a criminal intent to dismiss Defendant E, the lower court found the Defendant guilty of the instant facts charged, but erred by misapprehending the legal doctrine and misunderstanding of facts.

2) The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal, and the lower court brought an action against the Defendant on the following grounds: (a) the Defendant was prosecuted on the charge of rape on March 11, 2013, and around April 7, 2013; (b) the Suwon District Court acquitted the Defendant of each of the above rape on July 23, 2013; and (c) the Seoul High Court found the Defendant guilty of rape on April 7, 2013 on the grounds of detailed reasons in detail on October 10, 2013; and (b) in light of the fact that the Defendant submitted a written complaint to E around December 11, 2013, as indicated in the facts of the crime in the judgment, and made a supplementary statement at an investigative agency, the Defendant could sufficiently recognize the possibility of the falsity at the time of the above criminal and supplementary accusation.

On the ground that the facts charged in this case appear to have been convicted.

In light of the following circumstances, even though the Defendant knew that the Defendant had raped the Defendant on April 7, 2013, and that the Defendant’s accusation, testimony, and testimony were neither false accusation nor perjury, as stated in the facts charged in the instant case, the Defendant submitted a false complaint, and made a supplementary statement, thereby barring the Defendant.

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