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(영문) 서울중앙지방법원 2020.07.24 2019노3659
무고
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In order to avoid a mistake of facts, Defendant 1: (a) The Defendant did not report false facts inasmuch as C was aware that the Defendant was faced with the Defendant’s body while she was about to be the Defendant; and (b) the Defendant did not report it by assaulting C; (c) the lower court’s judgment convicting the Defendant was erroneous in matters of mistake of facts; (d) the sentence (fine 5,000,000) sentenced by the lower court

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. The crime of false accusation against the defendant's assertion of mistake of facts is established even if the defendant reports the fact that the reporter is not true because it does not necessarily require a conclusive intention, and thus, it is found that the crime of false accusation is established. The defendant, in the original judgment, has the same assertion of mistake of facts as the defendant alleged above, and the court below rejected the above assertion in detail by giving a detailed judgment on the third through 19 of the judgment. In comparison with the records of the evidence of this case, the judgment of the court below is just and correct, and there is no error of law of mistake of facts

Therefore, the defendant's above assertion is without merit.

B. We examine both the Defendant and the prosecutor’s assertion of unfair sentencing regarding the Defendant and prosecutor.

The liability for the crime of false accusation is not weak for the crime that obstructs the appropriate exercise of national criminal justice or disciplinary power.

However, as a defendant, there was a physical conflict between the dispute and the body in the course of pursuing the internal relationship between the defendant's husband and the defendant's non-compliance with the defendant's intention to avoid, but the defendant's complaint against the defendant due to the assault charge leads to the defendant's complaint against the defendant for the defect of the defendant's intention to avoid the complaint, and there are some circumstances that may be considered in light of the situation of the occurrence of the case and the circumstances leading up to the complaint.

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