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(영문) 광주지방법원 2018.08.23 2018노460

무고

Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the Prosecutor on the gist of the grounds for appeal, the Defendant filed a false report to the effect that he was faced with the shoulder and chest by drinking, even though he did not have any assaulted violence against D, and it is sufficiently recognized that the Defendant did not dismiss D.

However, since the court below acquitted the facts charged of this case on the ground that there was no proof of crime, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged was done by the Defendant on May 27, 2017, while driving a C highest typ vehicle in front of the tunnel, such as the shot River in Gwangju Mine-gu, Gwangju, in around 20:20 on May 27, 2017.

D (F. 71 years old) and his family members left a stop on their own low-speed vehicle on the ground that the EFFF vehicle, which was on board, did not proceed as soon as possible and obstructed the defendant's career, and caused D and their family members to share with D and their family members.

When the defendant was investigated by the suspect at the guard of the National Police Agency and the traffic investigation office located in the Southern-gun, Southern-gun on June 28, 2017 in the foregoing case, around June 29, 2017, the defendant was assaulted by the person on board the vehicle on the part of the defendant, although he did not assault the defendant in the course of the last dispute at the time of the foregoing case, D or his family did not assault the defendant, around June 29, 2017.

On July 6, 2017, a false statement of complaint was prepared and submitted, and on July 6, 2017, a assault was committed against police officers belonging to the Mine Police Station located in Gwangju Mine-gu at the time when D's shoulder and breast respectively.

A statement made by D with the aim of having D receive criminal punishment.

B. (1) The establishment of the crime of false accusation by the lower court’s judgment is sufficient by reporting the fact that there is no conviction in the truth for the purpose of having another person receive criminal and disciplinary action, and the reporting person is confirmed to be false.