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(영문) 서울서부지방법원 2016.01.15 2014고정2101
무고
Text

The defendant shall be innocent.

Reasons

1. On November 9, 201, the Defendant prepared a false complaint with respect to H using a computer for the purpose of having H be subject to criminal punishment at the office of the Defendant located in the office of the Sinyang-si Office of the Sinsan-si Office of the 1-1003 of the Sinsan-si G Building G, and submitted the above complaint to an employee whose name cannot be known at the public service offices of the Do government branch offices of the Dong-gu Office of the Dong-gu Office of the Dong-gu Office of the Republic of Korea located in the Dong-gu, Seoyang-gu, Seoyang-si.

A written complaint was the content that “In preparing a written contract for business rights and land acquisition on January 21, 201, H, the written complaint was that “in preparing and exercising the said contract under one’s name without one’s permission, it would be punished.”

On March 20, 2012, the Defendant continued to be present at the investigation station in Yongsan Police Station in Seoul and the first team office in economy on March 20, 2012, and the police officer I who is investigating the instant case was forged.

A false statement was made by submitting a contract for business rights and land acquisition. The statement was the content that "it forged a contract for business rights and land acquisition by using the name without his/her permission."

However, in fact, business rights and land acquisition contracts submitted by the defendant were written by the defendant and H.

As a result, the defendant raised H with the aim of having H be subject to criminal punishment.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the Defendant’s dismissal based on the false facts alone based on the evidence submitted by the prosecutor was based on the evidence presented by the prosecutor.

It is insufficient to recognize that the Defendant’s subjective evaluation of law based on objective facts was erroneous and reported, and thus, constitutes a false fact with only such fact, and thus constitutes a crime of false accusation (see Supreme Court Decision 87Do1029, Jun. 9, 1987; Supreme Court Decision 83Do269, Jul. 24, 1984).

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