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(영문) 광주지방법원 2018.01.25 2017고단4271
무고
Text

The defendant shall be innocent.

Reasons

1. On May 27, 2017, the Defendant had been prior to the operation of a vehicle with the highest scar in front of the scarke (YY) of the tunnel, such as the scarke-dong, Gwangju Mine-gu, Gwangju, on May 27, 2017.

D (F. 71 years old) and his family members left a stop on their own low-speed vehicle on the ground that the EFFF vehicle, which was on board, did not proceed as soon as possible and obstructed the defendant's career, and caused D and their family members to share with D and their family members.

When the defendant was investigated by the suspect at the guard of the National Police Agency and the traffic investigation office located in the Southern-gun, Southern-gun on June 28, 2017 in the foregoing case, around June 29, 2017, the defendant was assaulted by the person on board the vehicle on the part of the defendant, although he did not assault the defendant in the course of the last dispute at the time of the foregoing case, D or his family did not assault the defendant, around June 29, 2017.

On July 6, 2017, a false statement of complaint was prepared and submitted, and on July 6, 2017, a assault was committed against police officers belonging to the Mine Police Station located in Gwangju Mine-gu at the time when D's shoulder and breast respectively.

A statement made by D with the aim of having D receive criminal punishment.

2. Determination

A. In the establishment of a crime of false accusation of relevant legal principles, it is sufficient to report the fact that there is no conviction of the truth for the purpose of having another person be subject to criminal and disciplinary action, and the reporting person is not required to conviction that the reporting person is false. Meanwhile, as long as the reporting person has reported the core or important facts in relation to the elements for the formation of crime as it is in fact-finding, it cannot be said that the reporting person constitutes a crime of false accusation because he/she made an exaggeration of the circumstances of the filing of a complaint or made a false report on the subjective evaluation of the facts based on the objective facts (see Supreme Court Decision 91Do1950, Oct. 11, 1991, etc.).

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