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(영문) 서울남부지방법원 2020.09.15 2019노77
무고
Text

The defendant's appeal is dismissed.

Reasons

1. At the time of the summary of the grounds for appeal (the factual error or misapprehension of the legal principle), there was a physical contact between the Defendant and I, and thus, it cannot be viewed as an objective false fact, and there was no awareness of falsity. Therefore, there was no intention to make a false accusation.

2. The judgment of the court below also asserted the same purport as the reasons for appeal, and the court below rejected the defendant's argument by specifically explaining it at 2-3 of the judgment. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below on the grounds of the judgment of the court below, i.e., several people including police officers at the time, and the defendant attempted to go into the office of the head of the Gu, and the defendant was sufficiently aware of this situation, and the defendant was also sufficiently aware of this situation, and the defendant submitted the written complaint of this case among the attempts of the defendant being investigated as a crime of obstruction of performance of official duties. Thus, the defendant's filing of the complaint of this case by indecent act constitutes an act of non-guilty and the criminal intent

Therefore, the defendant's assertion of mistake or misapprehension of legal principles is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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