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(영문) 의정부지방법원 2016.03.29 2015노2998

무고

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) victim C did not pose a threat to the defendant with a vehicle. Thus, the defendant did not have the victim.

2. On November 4, 2014, the Defendant: (a) took a passenger car in the vicinity of the Gui-rithn Pluth Island in the Gui-rithn Pluth Island; (b) taken a driver’s license in the vicinity of the Gui-rithn Highway; (c) taken a look at the fence adjacent to the Toluth on the road immediately preceding to Toluthn; and (d) proceeded thereafter.

In order to be investigated as a crime of damage to property damage caused by strings or other vehicles, the sidewalk block in front of the fenced by the driver of the knife vehicle C was driven by the driver of the knife Party C, and the wheel of this knife or other vehicles was charged with the crime of damage to property.

In fact, C put the Defendant on the side of the fenced by the vehicle, and even though it was not likely to pose a threat to the operation of a passenger vehicle, C has attempted to file a false complaint with C to the effect that the Defendant suffered an injury by driving or threatening the passenger vehicle while driving the vehicle in his own stack, and threatening it.

On November 17, 2014, the Defendant: (a) at the public service center of the public prosecutor’s office of the Gu government, the public prosecutor’s office of the Gu government around November 17, 2014, the Defendant left the way to the right side prior to the passage of the Guluri Toluth on the 6:0 p.m. on Nov. 4, 2014; and (b) placed it on the boundary of the fenced; (c) the Defendant Nonparty C, while driving and threatening the string of the string and threatening the string, she faced with the wall that the complainant would face and threaten the string, and submitted a complaint to the staff of the public prosecutor’s office.

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

3. The evidence submitted by the prosecutor of the lower judgment alone cannot be readily concluded that the fact that the Defendant filed a complaint is false against objective truth.

4. Determination on whether a deliberation was made

(a) the offense of false accusation.