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(영문) 대전지방법원 2017.04.21 2016고정622
무고
Text

The defendant shall be innocent.

Reasons

1. On July 31, 2015, the summary of the facts charged in the instant case stated in the facts charged in the instant case by the victim D, who had the Daejeon Pungdong C and the first underground floor, on the following grounds: however, according to the records, the Defendant’s name of the said establishment is “E singing shop.”

6 An employee F (27 years of age, female) who was sing and playing in a singing room showed the attitude of disregarding himself, and this led to the abandonment of his room, which led to the said D's controversy.

On July 31, 2015, the Defendant was found to have had sexual intercourses with the employees F with the intent of having the said D receive criminal punishment, even though the Defendant did not engage in sexual intercourses, in light of the fact that the Defendant was found to have engaged in sexual intercourses, around 23:00 on July 31, 2015.

We prepared a false statement and submitted it to the head of the Daejeon U.S. Police Station.

Accordingly, the defendant reported false facts to public offices and made a false accusation.

2. Since the defendant alleged by the defendant gave money in the instant singing and has a sexual intercourse with F, the defendant does not report false facts.

3. Determination

A. 1) In a criminal trial, conviction should be based on evidence of probative value that leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

If the prosecutor's proof does not reach such a level of conviction, even if there are suspicions of guilt, it should be judged in the interest of the defendant.

2) Meanwhile, since the crime of false accusation is established when the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition, there should be positive proof as to the fact that the reported fact goes against the objective truth.

(b) fact of report;

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