(영문) 수원지방법원 2018.07.20 2017노9422 | 리걸엔진

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(영문) 수원지방법원 2018.07.20 2017노9422

무고등

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The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation filed in the appellate court shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding or misunderstanding of legal principles 1) The defendant did not have any oral disease in his room.

In addition, it is true that he was faced with E prior to entering the room, and even if the defendant was suffering from a alcohol disease, he said that he was "I would like to do so," and "I would like to do so."

Even if the defendant made a statement to the police, it cannot be said that it is false.

B) At the time of the instant case, E reported to the police, and the Defendant did not report.

The defendant merely appeared as a witness for the case of E and made a statement.

Therefore, the requirement of “report” for the establishment of a crime of false accusation is not satisfied.

2) The Defendant, in the room, did not voluntarily suffer from a liquor disease.

D Even if based on D’s statement, the Defendant did not go to the victim and did not go to the victim, but did so by the Gu’s seat, and “this case must be left to the victim.” Thus, even if there is room for the victim to be the victim to be the victim to be the victim, he threatened the victim, even though he could have tried to be the victim to be the victim.

shall not be deemed to exist.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment and one million won of fine, two years of suspended execution, two years of community service order) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the legal principles on the assertion of mistake of facts or misapprehension of the legal principles 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 him/her. Here, the term "report of false facts" refers to a conclusive or dolusent recognition and reporting that reported facts are contrary to objective facts, and thus, a part of the reported facts is included.

Even if the falsity is not an important part affecting the nature of the crime, it is only reported.

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