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(영문) 창원지방법원 2018.12.12 2018노1469
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In addition, the Defendant did not file a false complaint against D or E, and there is no fact that the Defendant inflicted an injury on D.

In addition, there is no objective evidence that the contents of the defendant's complaint are false facts that are contrary to objective truth to the extent that there is no reasonable doubt, and there is no objective evidence that there is no probative value to the facts charged of the injury in this case.

Nevertheless, the judgment of the court below which found the defendant guilty on the ground of only the contents of a medical certificate with which it is impossible to find out the unilateral assertion and the cause of injury of D, was erroneous in the misapprehension of legal principles, which affected the conclusion of the

(b) Sentencing (the punishment of the court below: Imprisonment with prison labor for eight months, suspension of execution of two years, community service hours for 80 hours).

2. Determination

A. Determination on the misunderstanding of facts and legal principles 1) The following circumstances that can be acknowledged by the lower court and the first instance court’s duly admitted and investigated by the evidence, i.e., (i) the victim and the injured person D (hereinafter “victim”) who was present at the original trial and the first instance court and made a statement as a witness at around September 13, 201; (ii) there was an assault against the Defendant on October 11, 201; and (iii) there was an injury, such as the catus fatus, etc., which requires four weeks medical treatment around August 2017.

The statement, 2. The victim filed a complaint with the Defendant on August 2015, which was part of the facts charged of the instant accusation in the court of the trial, on the same ground that there was no fact that the Defendant was buckbucks or bucks from the Defendant to walk and suckbucks.

Although the statement was made, it cannot be ruled out that there was no possibility that time has passed over much time after the instant case, and it may go beyond the present time to see the situation without any opportunity to reverse any statement. This is nothing more than the purport of the statement.

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