무고
The defendant shall be innocent.
1. Around 09:00 on July 4, 2019, the summary of the facts charged: (a) the Defendant: (b) committed an assault, such as unlawful demonstration, piting, human garbage, and the government's appearance, against the victim D and his/her spouse, which was resisted by unfair dismissal, prior to the bus depot of the C business office located in Geumcheon-gu Seoul Metropolitan Government; (c) but, at the same time, the Defendant and his/her spouse of the victim D and his/her spouse “it is necessary to find out whether he/she would be able to do so after being aware of whether he/she would be able to do so; (d) the victim took the dynamic image with his/her cell phone, while the victim did not commit an assault that spawns or booms the Defendant’s fat.
Nevertheless, at around 09:30 on July 4, 2019, the Defendant reported false facts to the effect that “A police officer who was dispatched after receiving a assault report for the purpose of having the victim receive criminal punishment against the victim on the street prior to the bus bus notice of the above C Office:20, the Defendant reported to the police as follows: “The victim was able to dump bomb and reported to the police because he was salkeing the b
Accordingly, the defendant made a false report to a public official for the purpose of having the victim punished.
2. Determination
A. The facts reported by the Defendant and the defense counsel do not constitute false facts, and even if there are parts that do not correspond to some facts, this is merely an exaggeration of the situation of accusation and thus does not constitute a false accusation.
B. (1) The crime of false accusation is established when another person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon him/her. Here, the crime of false accusation refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts, and even if the reported facts are false contrary to objective facts, if there is no awareness of such falsity, it shall be deemed that there is no intention of false accusation, and the contents of the accusation shall be false.