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(영문) 청주지방법원 2019.01.18 2018노1144
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have committed an indecent act against B. However, the Defendant made a false accusation and made a false statement of the fact of injury that B had committed an indecent act against B. Accordingly, the Defendant’s accusation against B with no accusation is consistent with objective truth and thus, there was no intention to commit an indecent act against the Defendant.

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. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On October 28, 2016, the Defendant: (a) around October 28, 2016, submitted and received a written complaint against B by mail from the Cheongju Prison to the Cheongju District Prosecutors’ Office; and (b) around June 24, 2014, “B”

6. From June 30, 2014 to June 30, 2014, even though there was no fact that an indecent act was committed by the complainant four times in total, the criminal complaint was dismissed by submitting a false statement that “a suspect committed an indecent act by committing an indecent act, such as deceiving her her butt her, making his or her chest quickly and forced her to draft his or her chest, and making a false statement at the Chungcheong Stacksaw Support Center on July 1, 2014.”

“B” filed a complaint with the purport of the same, and around March 14, 2017, the Daejeon District Public Prosecutor’s Office (Seoul High Public Prosecutor’s Office) No. 415 stated to the same purport as the complainant.

However, the Defendant, on June 23, 2014, listened to the speech that he had a friend C of B and B coming from the front of the Dong zone, and that there was no place for lodging and lodging from the above B, he/she promised to provide convenience, such as lodging and lodging, and he/she committed an indecent act, such as gathering B’s chest and gathering B’s sexual organ inside the entrance of B, around June 24, 2014, after he/she had been accommodated with B along with B, and he/she committed an indecent act, such as gathering B’s sexual organ inside B, with B, etc., around June 24, 2014, and then he/she had been into the D stations located in the Chungcheongnam-gun of North Korea, from June 25, 2014 to June 30, 2014.

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