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(영문) 의정부지방법원 2015.06.23 2015노696
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. 공소사실의 요지 피고인은 2013. 1. 초경 불상의 장소에서 시아버지 D, 시어머니 E을 비롯하여 남편 F(2012. 10. 15. 사망)의 형제자매 8명을 포함한 시댁식구 10명으로 하여금 형사처분을 받게 할 목적으로 컴퓨터를 사용하여 허위 내용의 고소장을 작성하였다.

In order to take away the inherited property of the husband F due to death, the complainant E, G, and H was the content that "Around August 2012, 2012, the complainant and F, the complainant and F, and I were able to find and desire to engage in F and I. In order to find I, the complainant who is in the vicinity of the defendant's wife and the defendant's wife were able to protect I. In order to find I, the complainant were able to take back the defendant's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife

However, on July 30, 2012, F discharged the Defendant for navigation cancer treatment, and the Defendant was aware of the fact that: F did not provide care for him; B. The Defendant, who did not come to go to the care for him; B. The Defendant, at home, was a parent DNA and E, who was in Osan; I voluntarily went to F; the Defendant sent I to the above Osan house more freely; I continued to be raised at the above Osan house after F’s death; and I continued to be raised at the above Osan house.

Nevertheless, around January 8, 2013, the defendant submitted the above complaint to the police officer who is unable to know his name in the 174-1 public service center of the Yancheon-gu, Seocheon-gu, Seodong-dong 174-1 and filed the complaint with 10 people, such as D.

2. The court below's decision does not constitute a crime of false accusation, even if the defendant's initial accusation contains some false facts, since such false facts are not an important part that affects the establishment of a crime, but merely an exaggeration of reported facts.

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