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(영문) 대전지방법원 홍성지원 2014.08.13 2014고정99

무고

Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

On February 21, 2013, the Defendant prepared and submitted a complaint stating that “Around February 20, 2013, the Gyeonggi-do Police Station located in Sung-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Hongsung-gun, D apartment 305, 404, the Defendant entered the above house and carried his hand to prevent the Defendant from entering the son and the son, who is the Defendant’s son, from entering the son, and used the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.” On the same day.

However, the Defendant was under a divorce lawsuit with F, her husband at the time, but the F was wanting to temporarily leave his/her father to E, who is a her husband, and the F reported false kidnapping to 112 and found him/her at the above E’s house with the police officers dispatched. During that process, there was only the police officers who were at the scene of the Defendant’s moving to the house to the house, and there was no assault from E, such as the details of the accusation.

In this respect, the defendant committed a false accusation for the purpose of having E receive criminal punishment.

Judgment

The crime of false accusation is established when another person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon him. Here, a false report refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts, and even if the reported facts are false contrary to objective facts, if there is no intention to make such false accusation.

According to the records, the following circumstances are recognized:

(a)..