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(영문) 서울중앙지방법원 2017.07.14 2016노3441
무고
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. A. A prosecutor (misunderstanding of facts and misunderstanding of sentencing) 1) misunderstanding of facts (in relation to the acquittal portion), G led an investigative agency to make a confession of false facts in collusion with the Defendant, and was punished for a false accusation.

In light of the contents and circumstances at the time of the statement, G statements are reliable, and on this basis, the court below found the defendant not guilty of this part of the facts charged.

2) Undue sentence of the lower court is too minor.

B. On June 7, 2013, the Defendant (misunderstanding of facts, and Sentencing) 1) misperception of facts (with regard to convictions), F insultd the Defendant by taking a bath around 21:00 on June 7, 2013.

Although F is likely to edit a recording file submitted by F, the defendant has filed a false statement under reliable circumstances.

The judgment of the court below is erroneous in finding facts.

2) The punishment of the lower court is too heavy.

2. Determination

A. The lower court rendered a judgment on the prosecutor’s assertion of mistake in the facts charged in collusion with G that the Defendant conspireds with G, and found the Defendant not guilty on this part of the facts charged, based on the actual fact that each prosecutor’s interrogation protocol regarding G was the only evidence that the Defendant conspireded or had an intention to commit a false accusation. In light of the reasons indicated by the lower court, the lower court determined that the statement was inadmissible or that it was insufficient to recognize this part of the facts charged.

In light of the records, the judgment of the court below is just and there is an error of law by mistake of facts.

shall not be deemed to exist.

B. Defendant 1 asserts that the CD files as stated by the lower court were fabricated, and this is examined as to the Defendant’s assertion of mistake of facts.

F The recording on the day of the instant case specifically stated the details and circumstances at the time of the recording.

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