무고
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On August 17, 2015, the Defendant prepared a false complaint with respect to C at the Integrated Support Center for Victims of Sexual Violence (Papo Central Hospital) of the South Korean National Police Agency, which was located in Yeongdeungpo-si, Chungcheongnam-si, Mapo-si.
A written complaint is that “A indecent act was committed by the Defendant, such as under the influence of alcohol or by inserting the Defendant’s hand into the Defendant’s panty, etc., on or around March 20, 2015.”
However, in fact, C did not have committed an indecent act against the Defendant at the her motherel, and did not leave the Defendant into the telecom, and around September 2014, it was difficult for the Defendant to resist while the Defendant was on board C in the vehicle driven by C.
In addition, there was a fact that the defendant went back to the telecom, and the defendant came back again in this place.
Nevertheless, around August 17, 2015, the Defendant submitted a written complaint to a slopeD at the Integrated Support Center for Victims of Sexual Violence against the Korean National Police Agency, the Korean National Police Agency, and filed a complaint with the aim of having C be subject to criminal punishment.
2. Determination
(a) In the crime of false accusation, the complaint contains some content contrary to objective truth;
Even if it is merely an exaggeration of the circumstances of the facts, the crime of false accusation is not established (see, e.g., Supreme Court Decision 2006Do6347, May 29, 2008). (b) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the part regarding the charge of indecent act on March 20, 2015 among the facts charged in the instant case is different from the facts, but it appears that there is a difference in the detailed contents of the indictment, but this seems to have been an exaggeration of the circumstances of the contents of the accusation, so it cannot be readily concluded that the Defendant committed a crime of false accusation.
1) The Defendant asserted the time when the indecent act was committed on March 20, 2015 in the accusation chief and the police statements made on the first and second occasions, and the time between the Mazy investigation of C and the Mazyel at the time of the police investigation of C.