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(영문) 광주지방법원 2014.11.06 2014노959
무고등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant took a bath from E on or around June 2012. The Defendant filed a complaint against the Defendant that the Defendant took a bath around 18:30 on or around June 14, 2013, stated the date and time only falsely, and the date and time of the crime is not an important part affecting the nature of the crime, and the Defendant does not constitute a false accusation. 2) The Defendant’s punishment (a fine of eight million won) by the lower court is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of false accusation against a defendant's assertion of mistake is established when another person reports false facts to a public office or a public official for the purpose of having a criminal punishment or disciplinary action against the defendant. Here, the crime of false accusation is established when a person reports false facts to the public office or a public official, and since, even if a part of a reported fact contains false facts, such false facts are not an important part affecting the nature of a crime, but merely an exaggeration of a reported fact, it does not constitute a crime of false accusation. However, if a part of a false fact is modified to the extent that it is likely to mislead the state's trial action or undermine the legal stability of an individual who is not unfairly punished, the crime of false accusation can be established.

(2) A complaint submitted by the Defendant to the Korea Communications Commission on June 17, 2013, which was submitted by the lower court to the Korea Communications Commission on January 16, 2004 (see, e.g., Supreme Court Decision 2003Do7178, Jan. 16, 2004). The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, the statement that E would take a bath to the Defendant around June 14, 2013; and ② the Defendant submitted the written complaint as above, and on June 25, 2013.

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