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(영문) 창원지방법원 밀양지원 2018.04.05 2017고정170
무고
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is currently under confinement in the Changwon Prison, and was currently under confinement in the Ganyang Detention House on March 18, 2017.

On March 18, 2017, the defendant prepared a false statement on the defendant's ward located in the above-mentioned detention center, and on the defendant's ward located in the smuggling branch office of the Changwon District Public Prosecutor's Office, the defendant prepared a false statement on the defendant's false statement on the

In the petition, “The fact on January 4, 2017 that the petitioner had not paid a postage stamp to the petitioner, the petitioner voluntarily withdrawn KRW 11,150 and embezzled it under the name of “postage stamp proceeds,” or the fact that the Defendant applied for postage stamps and received postage stamps, and there was no other fact that the respondent embezzled the amount equivalent to the postage stamp proceeds owned by the Defendant.”

Nevertheless, on March 21, 2017, the defendant requested the above-mentioned detention center to send the above-mentioned written petition, and around March 21, 2017, the above-mentioned written petition reaches the affiliated branch office of the Changwon District Prosecutors' Office located in the Dong-si.

As a result, the defendant was sentenced to a criminal punishment or disciplinary action against a non-name correctional officer.

2. Determination

A. The crime of false accusation 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 another person (see, e.g., Supreme Court Decision 2010Do2745, Apr. 29, 2010).

1) On January 3, 2017, the Defendant submitted to the competent correctional officer a written application to purchase 300 won postage stamps 5, 1,930 won (a total of 11,150 won) at his/her own custody (Evidence Record 52 pages).

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