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(영문) 의정부지방법원 2018.11.22 2018고정623
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 11, 2017, the Defendant filed a complaint with the public prosecutor’s office of the public prosecutor’s office of the government-based civil petition office located in the Do-based civil petition office located in the Do-based civil petition office in the Do-based civil petition office in the Do-based civil petition office in the Do-based civil petition office in the Do-based civil petition office, stating that “In the judgment of suspending execution No. 2017 A. 105 with the Do-cheon District Court on August 5, 2017,

However, in fact, on August 2005, the Defendant participated in the lease agreement between the lessor C and the lessee D with respect to sales volume, such as agriculture, specialty, etc. located in Gyeonggi-si, Gyeonggi-do, and signed and sealed the E Association seal at the time of signing the lease agreement, and thus, the Defendant’s assertion that the lease agreement of this case was forged or that it submitted the lease agreement whose market was forged was forged was false.

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

Summary of Evidence

1. Each legal statement of witness F, C, G, and D;

1. Indicating some of the protocol (two times) concerning the examination of the suspect against the defendant by the prosecution;

1. Statement against the defendant;

1. Complaint;

1. In light of the investigation report (Attachment of industrial accident sales lawsuit contract document) and the sales license lease agreement (the defendant and his defense counsel did not actually assign the sales license, such as agricultural special products, if the head of H tourist destination was a director of H tourist destination, and thereafter, the defendant allocated the license after becoming the head of H tourist destination, and thereafter, the defendant was excluded from the qualification in the case of D, since the lease agreement entered into around August 2005 as stated in the facts charged was forged or has no value of evidence, and thus, there was no intention to have the criminal defendant and the Macheon market punished.

The argument is asserted.

The intention of the crime in the crime of false accusation is not necessarily required to be a conclusive intention, and it is also sufficient to dolusent intent. Therefore, the crime of false accusation is established by reporting the fact that the reporter is not true.

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