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(영문) 인천지방법원 2018.02.09 2017노1223

무고

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) visited the police police patrol group to provide consultation; (b) did not report the complainant; and (c) even if the Defendant reported, the Defendant reported.

Even if there is no false fact, the content is not “a false fact.”

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case was served as Capitalius from the Nam-gu Incheon Metropolitan City “C” below the located in the Nam-gu Incheon Metropolitan City.

and the complainant D had been in charge of guest rooms.

No person who was in the same workplace pay relationship shall be a person.

From March 2015 to September 2015, the Defendant stated that the complainant had worked together with the complainants, and that the complainant “decently” was sent to the complainants from time to time, and that the complainants sent to the complainants a word “decently,” in mobile phone. However, the complainants called “I am son and son, I am son son son son son son son son son son son son, I son son son son son son son son,” and called the complainants by calls to the complainants, and “I am son have several sexual relations with son son son son son son son son son

Accordingly, on July 19, 2016, at around 20:20 on July 19, 2016, the Defendant: (a) stated that the Defendant had sexual intercourse once with the Defendant on the part of the her mother, where the her trade name cannot be known by the her wife; and (b) stated that the Defendant had sexual intercourse once with the her 112 report, stating that the her 112 report was false.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the police’s statement as to the Defendant’s confession statement, the protocol of false accusation, and each investigation report as to the complainant.

(c)

1) Determination of the Committee.