경범죄처벌법위반
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
A report on the facts charged by the accused claiming that the grounds for appeal (misunderstanding of facts and improper sentencing) are false.
Around February 2007, the defendant was living together with the F and his wife around 30 years before living together with the defendant, who intrudes the defendant's dwelling while monitoring the daily lives of the defendant, and thereby steals the article.
The reason why the Defendant reported on the facts charged is that the F or a nameless person infringed on the Defendant’s residence and damaged the wall.
The punishment of the court below (100,000 won) is too unreasonable to claim the sentencing.
It is the amount of fine of KRW 50,000 per day converted into the detention in the workhouse.
The summary of the facts charged as to the assertion of mistake in fact was applied to the following violations by Article 3 (3) 2 of the Punishment of Minor Offenses Act.
- At around 00:51 on March 29, 2017, the Defendant filed a false report on a crime with a public official who did not commit a crime, by making phone call call to the 112 Report Center, stating, “I am to destroy the wall and steals the spath, and stolen the spath, by intrusion upon the house of the Defendant,” even though there was no fact that the spathy male in Seocho-gu Seoul Metropolitan Government C and 104 intrudes on the house of the Defendant, and that the spath has damaged the wall or stolen the spath.”
According to the evidence such as the 112 Report Processing List submitted by the Prosecutor, the Defendant reported 10 times from January 4, 2017 to March 29, 2017 to the same purport at the police station (Evidence No. 1-2, 35-46 pages). The details of the report are as follows: “The Defendant, while going out of the military, intruded by F or Nar and destroyed the wall and stolen drinking streets, such as salt “F” in the 112 Report.
On March 29, 2017, the day of the instant case.