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(영문) 의정부지방법원 2018.05.10 2017고정1318
무고
Text

The defendant dismissed an application for compensation filed by the applicant for compensation.

Reasons

1. On February 20, 2013, the Defendant drafted a false complaint against B with a view to having B obtain criminal punishment, at the civil petition office of the Macheon Police Station, 1570, Macheon-si, Macheon-si, 1570.

A written complaint contains the following: (a) on the ground that there have been a large amount of repair costs for the repair of the noise engine of a baby b around 12:00 on February 16, 2013 at the request of the Defendant for the repair of the noise engine of the baby b, and (b) on the ground that he was able to take a bath, he would be punished because he was inside the left-hand left-hand snow and around the left-hand side requiring treatment for a period of 14 days; and (c) there was no fact that B inflicted an injury on the Defendant.

Nevertheless, on February 20, 2013, the Defendant submitted the above complaint to an employee whose name is not known at the public service center of the Macheon Police Station, and filed the complaint with B.

2. In full view of the evidence duly admitted and examined by the court of this case, in light of the evidence duly admitted and examined by the court of this case, B’s visual autopsy photographs of the victim (the defendant C) cannot be admitted as admissibility of evidence in the case of injury caused by the defendant’s complaint of this case (JJ District Court Decision 2013Da32746, decided 2746, hereinafter “related injury to B”), and it is difficult to recognize the credibility of the victim’s statement, and the remaining evidence, such as the medical certificate, alone, used the victim to assault and injure B.

The fact that the judgment of innocence was rendered on the ground that the recognition is insufficient, and that the judgment became final and conclusive around that time.

However, since the crime of false accusation is established when the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition, the requirement that the reported fact goes against the objective fact requires positive proof, and only the passive proof that the authenticity of the reported fact cannot be recognized, deeming the reported fact as a false fact going against the objective truth, and thus, the establishment of the crime of false accusation cannot be recognized (Supreme Court Decision 2004Da15888

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