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(영문) 대법원 2014.02.21 2013도4429
무고
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the first ground for appeal, a report on a crime without accusation shall be made voluntarily by the investigative agency, and, i.e., an investigation agency, etc., making a false statement in the process of making an accusation or drawing up a statement by an investigation agency, etc. does not constitute a crime without accusation. However, if an investigation agency voluntarily made a statement when receiving a protocol for supplementing a complaint at the time of receiving the original protocol for supplementing the complaint, if the facts not stated in

(2) As to whether a witness’s statement was based on an investigative agency’s questioning, etc., whether it was based on an investigative agency’s questioning should be determined by comprehensively taking account of the developments leading up to an investigation, the forms and details of an investigative agency’s questioning and answers, the relevance of the facts suspected of an investigation and the statement of a witness.

(2) On December 22, 2005, according to the reasoning of the lower judgment and evidence duly admitted by the first instance court (see, e.g., Supreme Court Decision 2005Do3203, Dec. 22, 2005). ① at the time when the Defendant filed a complaint against D on February 23, 201 by forging Private Document, etc., only the transfer registration between D’s shares in the Defendant of J building would be the object of the complaint; ② there was no mentioning the Defendant’s shares in the instant land; ② during the police interrogation process on March 23, 2011 of the instant complaint, D stated that the Defendant’s shares in the instant land were completed the transfer registration with the consent of the Defendant as well as the instant building; H also stated that the Defendant’s shares in the instant land was transferred to D upon the request of D and the Defendant’s statement to the effect that D and D’s shares in the process of transferring D and D’s shares to D on April 23, 2011.

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