무고
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (misunderstanding of the facts, misunderstanding of the legal principles) is actually the fact that the Defendant and E only told each other, and there was no fact that C had a physical shock during the process of speaking the said fighting.
Even if it is not unilaterally to the defendant, it is not an injury that requires treatment for a period of eight months.
Nevertheless, the Defendant filed a complaint with the purport that he suffered injury requiring medical treatment for eight months by drinking the right eye and face from C, which constitutes a case where the entire nature of the facts of the complaint is altered beyond simply exaggeration the circumstance of the contents of the complaint, and thus constitutes a crime of false accusation, and the lower court acquitted the Defendant of the facts of the charge of the instant case by misapprehending the legal principles or misapprehending the legal principles.
2. Determination
A. On December 7, 2016, the Defendant submitted a false complaint with respect to C at “The Busan Western Police Station” located in Seo-gu, Busan, Seo-gu, Busan.
The complaint filed by the defendant C around 16:00 on March 25, 2016, with E without any reason from the front corridor of the officetel 503-1 located in Seo-gu Busan, Busan around 16:0 on March 25, 2016.
In doing so, while taking a bath, such as “Chewing .....”, the complainant was punished for a limited period of eight months, where he/she saws the complainant’s eye and face part, etc., and received treatment for eight months.”
However, in fact, the defendant did not dispute with E at the time, but did not have any fact against C.
As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.
B. The lower court’s judgment: (i) E was under the influence of alcohol at the time of the instant case; and (ii) the situation at the time of the lower court’s trial was not well memory.
2. F makes a statement to the effect that C was unable to judge the defendant.