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(영문) 서울서부지방법원 2016.09.29 2016노606

무고

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not report false facts, and thus did not intend to make a false accusation.

Nevertheless, the judgment of the court below that found the defendant guilty is erroneous by mistake.

B. The sentence of the lower court’s wrongful assertion of sentencing is too unreasonable.

2. Determination

A. The crime of false accusation against a mistake of fact is established upon reporting the fact that there is no conviction of the truth for the purpose of having another person be subject to criminal or disciplinary action. As such, there is no need for the reporting person to conviction that the reported fact is false (see, e.g., Supreme Court Decision 2012Do4531, Dec. 24, 2014). Examining the following circumstances revealed in the evidence and records and arguments duly adopted and investigated by the court below in different from the above legal principles, the Defendant found the noise problem between the floors of the C and found the fact that the door was for the purpose of having another person be subject to criminal punishment, and that the fact that the door was installed was not by C with the intention of having another person know of the fact that the door was not by C, or at least because there was no conviction as to the fact that the gold was caused by C, the Defendant’s assertion of the fact that the report was false by reporting the fact that it was caused by C, and thus, is not accepted.

The Defendant: “The Defendant was destroyed by leaving the question of the complainant (Intermedian part omitted) by the complainant.”

“The entrance of the lower entrance has been destroyed even during the police investigation process.”

“,” and “The intermediate part of the entrance of the lower is golded to her length.”

“The statement was made”.

그러다가 피고인은 원심 법정에서는 C이 뭔 가 뾰족 한 것을 가지고 와서 출입문을 긁었을 것으로 생각하였다는 취지로 진술을 바꾸었다.

The police who investigated the accused's complaint case shall visit the scene and make the entry effective.