beta
(영문) 대구지방법원 2017.06.14 2017노1242

무고

Text

The prosecutor's appeal is dismissed.

Reasons

1. Considering the summary of the grounds for appeal and the dispute between the Defendant and F and E, the content of the written complaint submitted by the Defendant to an investigative agency (hereinafter “the complaint of this case”), the progress of the investigation, etc., the accused can be found to have the intention to commit an innocent crime.

Nevertheless, the judgment of the court below which acquitted the above facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. On May 2016, the Defendant: (a) requested the preparation of a complaint at the D attorney’s office located in 806, Seocho-gu, Daegu Gyeong-gu Office of Police Officers; and (b) requested the preparation of a complaint.

그 고소장은 “E 이 주방에 있는 칼을 가지고 와서는 고소인의 목에 칼을 들이댔다.

The defendant F and the defendant E infringed on the apartment G G of Daegu-gu 102 Dong 905, a house of the complainant.

“The content,” and at that time, E did not have dancing the Defendant’s knife, and at the time F and E entered the Defendant’s house, the Defendant opened the knife and entered the Defendant’s house and did not intrude without permission.

Nevertheless, on May 18, 2016, the Defendant submitted a written complaint to the Daegu District Public Prosecutor's Office in the Dong-gu, Daegu District Public Prosecutor's Office.

Accordingly, the defendant was sentenced to criminal punishment by E and F for the purpose of criminal punishment.

B. On the grounds indicated in its reasoning, the lower court’s determination is insufficient to recognize that the Defendant submitted the instant written accusation with the intention of an innocent criminal intent only by the evidence presented by the prosecutor.

In light of the facts charged, the lower court acquitted the instant charges.

(c)

1) On the other hand, considering the following circumstances acknowledged by the court below and the evidence duly adopted and investigated by the court below, the defendant submitted the written complaint of this case with no intention to commit the crime of accusation.

There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

(1) The Defendant shall file the instant complaint.