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(영문) 서울북부지방법원 2019.01.24 2018노1029
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who is a door-to-door seller under sponsorship, does not request B (hereinafter “the instant company”) to enter the name of F, the Defendant’s spouse, in the sales slip, when purchasing goods at the E branch in the water area E branch in the sponsoring area. Therefore, the Defendant cannot be deemed to have filed a false complaint.

In addition, since the defendant's conviction to correct the above-mentioned illegal act led to the complaint of this case, there is no intention of accusation against the defendant.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (two years of imprisonment, two years of suspended execution, and probation) is too unreasonable.

2. Determination on the grounds for appeal

A. 1) As to the assertion of mistake of fact, the crime of false accusation is established by reporting the fact that the reporting person is not true because the intention of the crime of false accusation of relevant law is not necessarily required to be a conclusive intention, and thus, reporting the fact that the reporting person is not true (see Supreme Court Decision 91Do2127, Dec. 13, 191; 91Do2127, Dec. 13, 1991; and in a crime of false accusation, the reporting of false facts refers to a conclusive or dolusent recognition and reporting that the reported fact goes against the objective fact, and thus, even if it is inconsistent with the objective fact, if the reporting person is true and reported, the crime of false accusation shall not be established;

The phrase means a case in which the reporter cannot be aware that the reported fact is false or might be false even if based on objective facts known to him/her. It also includes a case in which the reporter knows that the reported fact is false or might be false based on objective facts known to him/her but considers that his/her assertion is correct without disregarding it.

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