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(영문) 수원지방법원 2017.08.10 2016고정2978
무고
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant: (b) at the public service center of the Suwon-si Office of Public Prosecutor’s Office of the Suwon-si Office of Public Prosecutor’s Office on March 14, 2016, the broadcast room of the Suwon-si Office of Public Prosecutor’s Office of Public Prosecutor’s Office (U.S. 08:00 on January 23, 2015, the Defendant prohibited the entrance of entrance with other residents; and (c) whether the resident representative meeting is neutral; (d) the broadcast room of the public service center of the Suwon-gu Office of Public

Low women are fighting disputes, intelligence, and if we die, they are responsible for them.

Along with verbal abuse, some of them filed a complaint with the purport that “A broadcast room cannot be held unless they submit a resignation document to themselves and audit G including themselves, 111 Dong Ha, and H of Dong 111, and forced them to prepare a resignation document, and submitted a resignation letter to the representative of occupants by failing to promulgate the fear.”

However, in fact, D, E, and F did not have been at the same time, and they did not speak as above, or did not force the preparation of resignation by blocking the entrance of the broadcasting room, and did not have to be subject to any restriction on entry by force or by blocking the entrance of the entrance to the extent that it would be objectively controlled.

Nevertheless, for the purpose of having criminal punishment imposed upon the Defendant, the Defendant filed a false complaint and brought a false complaint against D, E, and F.

2. Determination

A. The crime of false accusation is established when a person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon another person. Here, the term "a false report" refers to a conclusive or dolusent recognition and reporting that reported facts are contrary to objective facts. Even if the reported facts are false contrary to objective facts, if there is no awareness of such falsity, an intentional accusation shall be made. The contents of a complaint are not false facts, but are somewhat exaggerated based on such facts.

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