(영문) 창원지방법원 마산지원 2017.05.10 2016고단1238

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 마산지원 2017.05.10 2016고단1238

무고

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On July 26, 2016, the Defendant: (a) at the civil petition office of the police station of the Mapo-gu, Masan-si, Changwon-si, Masan-si, 3/15, 147; (b) at the public petition office of the police station of the Sisan-si, Masan-si, 147; (c) prepare and submit a false complaint

8.5. Msan Central Police Station, and on October 11 of the same year, the Seoul Southern District Public Prosecutor's Office made a supplementary statement on the facts of the complaint.

The content of the “Defendant C” was embezzled by arbitrarily withdrawing and using the money deposited in the said account on August 2013, 2013, even though it opened an account under his/her name on March 19, 2013 and allowed the complainant A to use it.

“The content or facts are as follows: (a) the Defendant used the said account in the name of C, and was detained on May 4, 2013, the Defendant asked C to use the said account as Defendant’s attorney’s fee and agreed money; (b) so C did not arbitrarily withdraw and use the money in the said account.

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

2. Determination

A. A. A false report was made to a public office for the purpose of having another person receive criminal punishment.

Even if the facts are subject to victim's complaint, and it is obvious by the contents of the report itself that the public prosecution cannot be instituted after the lapse of the time limit for filing the complaint, there is no risk that the public agency's duties shall be charged (Supreme Court Decision 98Do150 delivered on April 14, 1998). In such a case, the crime of accusation is not established (Supreme Court Decision 98Do150 delivered on April 14, 1998). The main text of Article 230(1) of the Criminal Procedure Act provides that a complaint shall not be filed after the lapse of six months from the date on which the public official becomes aware of the crime subject to victim's complaint. Here, "the public prosecutor becomes aware of the crime" means that the criminal becomes aware of the identity of

참조판례

-대법원 1998. 4. 14. 선고 98도150 판결

유사 판례

-대법원 1998. 4. 14. 선고 98도150 판결

-대법원 2018.07.11 2018도1818

-창원지방법원 2016.02.17 2015고정1046

-창원지방법원 마산지원 2018.12.12 2018고단839

-창원지방법원 마산지원 2017.06.13 2017고단122