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(영문) 대구지방법원 상주지원 2014.02.18 2013고단342

무고

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, rhythizing the facts charged without changing the indictment and recognizing the facts charged.

Around March 22, 2013, the Defendant made a false complaint against F at the E-Certified Judicial Scriveners Office located D at the time of stay.

A written complaint was the content that "F forged the seal in the name of the complainant, and then prepared a real estate lease agreement on his own, and affixed a forged seal, thereby forging the real estate lease agreement."

However, in fact, the defendant was decided to participate in the forest farming business by establishing a farming association corporation in a de facto marital relationship with F to lease the forest owned by G to G, and as G prepared a real estate lease contract with the consent of the defendant, F did not forge the real estate lease contract in the name of the defendant.

Nevertheless, the defendant submitted the above written complaint to the police officer in the civil service center of the resident police station located in Seongbuk-dong at the time of temporary stay.

Accordingly, the defendant raised F with the aim of having F criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Examination protocol of the accused by prosecution;

1. Second written interrogation of the accused (including F and G statements) by the police;

1. The real estate lease contract [the intention of the crime of false accusation is sufficient as the crime of false accusation is not true, so it is not necessary to establish the crime of false accusation by reporting the fact that the reporting person is not true, and it is not true that the reported fact is false (see, e.g., Supreme Court Decision 2005Do4642, May 25, 2006). According to each of the above evidence, it is recognized that at least dolusent perception exists as to the fact that the reporting person is false.] statutory application is applied.

1. Criminal facts;