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(영문) 대법원 1986. 7. 22. 선고 86도582 판결
[무고][공1986.9.15.(784),1149]
Main Issues

The case holding that even if a person files a complaint that he was aware of the wound that he suffered in excess of his body during the process of making breaths with each other and was caused by the assault of the other party, it cannot be deemed that he reported false facts.

Summary of Judgment

In a case where the defendant criticizes the other party at the meeting place of the non-indicted and the general meeting of shareholders, and carried the other party's doubt while pushing together with the other party's ebbbbbage and pushed the other party's ebbbbb, and was faced with the will of the other party while going to the meeting place, the defendant was faced with the will of the other party while going to the meeting place, the defendant cannot be deemed to have reported a false fact even if he filed a complaint with the above non-indicted who was injured by assault by the above non-indicted who was faced with the wound during the process of cutting down the ebbbbbal and pushinging

[Reference Provisions]

Article 156 of the Criminal Act

Escopics

Defendant

upper and high-ranking persons

Prosecutor

Judgment of the lower court

Seoul Criminal Court Decision 85No4104 decided Nov. 19, 1985

Text

The appeal is dismissed.

Reasons

We examine the prosecutor's grounds of appeal.

According to the reasoning of the judgment of the court below, the court below affirmed the judgment of the court of the first instance that acquitted the defendant on the ground that if the defendant and the non-indicted were injured in the course of killing the other party in front of the meeting of the general meeting of this case by sculpting the other party in front of the meeting of this case, appraisal was sculpted and pusheded, and the other party's ebbbbbage and was pushed into the meeting place by hand, and the defendant went beyond the defendant while coming to the meeting place and coming to the meeting place, he was faced with the upper part of the other party's ebbbbbbbb, etc., and as long as the defendant was injured in the course of killing the ebbbbb, etc. and was pushed, it cannot be deemed that the defendant was injured by assault by the non-indicted. In light of the records, the court below's above fact finding and judgment of the court below is justified and there is no violation of law by misunderstanding the rules of evidence or misunderstanding the legal principles of an

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice)

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