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(영문) 대구지방법원 2013.07.11 2012노2901
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant prepared a loan certificate by intimidation and coercion, and thereafter G acquired money by means of a civil suit against the Defendant using the above loan certificate and forged loan certificate. As such, the Defendant’s accusation of intimidation, coercion, and fraud does not constitute an accusation.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. Even if the defendant is found guilty, in light of the motive and circumstance of the crime, etc., the sentence imposed by the court below (five months of imprisonment, two years of suspended execution, two years of social service, 120 hours of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and the evidence duly admitted and investigated by the trial court, the lower court’s judgment that found the Defendant guilty of the facts charged of this case is justified and there is no error of law of misunderstanding of facts, and thus, the Defendant’s assertion

In the crime of false accusation, a report of false facts refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts, and a report is made.

Therefore, even if it is inconsistent with objective facts, if a reporter reports it as true, it shall not be established for a crime of false accusation. However, it is true in this context.

The phrase means the case where the reporter does not know that the reported fact is false or might be false even if based on the objective fact known to him/her. While recognizing that the reported fact is false or might be false based on the objective fact known to him/her, he/she considers that his/her assertion is correct without disregarding it.

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