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(영문) 전주지방법원 2015.11.13 2014고단895

무고

Text

Defendants are not guilty.

Reasons

1. Summary of the facts charged

A. At around 11:30 on February 12, 2014, Defendant B made a proposal that “F, one’s house tenant, is “F,” which he operated in Yanju-gun, North Korea, where one’s house tenant, has come to go beyond his mother G in the process of ranc, the preceding day, and had A receive medical treatment, “I would be entitled to receive medical treatment if you write down a false statement.” On the same day, the Defendant directly submitted a false statement to A police station in 28, i.e., the Yan-dong, Youngdong-dong, Seoul Special Metropolitan City in 28 P.M. on February 11, 2014, for the first time, the Defendant directly submitted a false statement to A, stating that “I would be able to receive medical treatment if you write down a false statement.”

Accordingly, the Defendant instigated A to dismiss G.

B. On February 12, 2014, Defendant A, at the police station of the Republic of Korea, entered his name in the column for the name of the complainant of the accusation prepared by Defendant A instead of B, and submitted it to the above police station, and thereafter, Defendant A stated that “G has pushed her chest over five times during the continuous police investigation.”

However, in the process of G and vagabonds, the Defendant only lost balance and was in fact about one time more than once, and did not have suffered such violence five times from G.

As a result, the Defendant brought G away according to the teachers of B for the purpose of having the G receive criminal punishment.

2. Determination

A. The crime of false accusation is not established if it is merely an exaggeration of the circumstances of the reported fact, even though the reported contents contain some contents contrary to objective truth in the crime of false accusation

(See Supreme Court Decisions 96Do771 delivered on May 31, 1996, 94Do3068 delivered on February 24, 1995, etc.). Otherwise, Seoul District Court Decision 96No1428 delivered on August 16, 1996