(영문) 대구지방법원 영덕지원 2016.02.03 2015고단148



The defendant shall be innocent.


1. On April 10, 2015, the Defendant: (a) drafted a false complaint with respect to D in the Yeongdeungpo-gu Police Station civil petition; and (b) drafted a false complaint with respect to D on the paper of the complaint filed in the Young-gu Military Station located in Young-gu, Young-gu, Young-gu; and (c) using the black pen.

The statement of the complaint is that "F, at the construction site located in Chungcheongnam-gun, Chungcheongnam-gun, Gyeongbuk-gun, where the complainant works on April 10, 2015, and around 11:00, he saw f, while taking a bath to the complainant, f, and D, by taking a bath, francing the complainant's neck, and francing the cat, thereby causing the complainant's injury of 2 weeks of care."

However, the fact that D did not assault the defendant, such as taking the defendant's timber and breaking the canter.

Nevertheless, the defendant submitted the above complaint to the police officer who is unable to know his name in the public service center of the above police station on the same day.

In addition, around April 29, 2015, the Defendant made a supplementary statement on the above complaint at the investigation of the police station and the criminal team office at the above police station office on April 29, 2015, and stated to the effect that “F did not commit any assault to himself, and used only D only that he did not commit any assault to himself, and that he was able to do so by pushing himself in his car and her stroke, with his stroke, and strokeed his stroke by hand.”

In this respect, the defendant made D's accusation for the purpose of having D receive criminal punishment.

2. Determination

A. In the crime of false accusation, some of the reported contents are against objective truth

Even if it is merely an exaggeration of the circumstances of the reported fact, the crime of false accusation is not established (see, e.g., Supreme Court Decisions 86Do582, Jul. 22, 1986; 96Do71, May 31, 1996; 2008Do7451, Nov. 11, 2010). (b) The following circumstances acknowledged by the evidence duly adopted and investigated by this court, including the witness’s statement, and the witness’s legal statement; (1) D, which is identified as an offender in the criminal complaint filed by the Defendant, is present at this court as a witness, and the witness is the Defendant.