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(영문) 대구지방법원 서부지원 2018.01.24 2016고단1510
무고
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant: (b) from June 2014 to July 2015 to (c) was a person who associated with C; (c) not repaid money from the Defendant at the time of his/her teaching system; and (d) continued to find the Defendant and sexual intercourse with C until February 2016, even after his/her marriage with another woman; and (c) was raped from C.

The purpose of this article is to make a false report.

On March 10, 2016, the Defendant made a statement to the police officer slope D in charge of having C receive criminal punishment at the Daegu Sea Center located in Seogu-gu, Seogu, Daegu, 157, on March 10, 2016, stating that “In the house of B, around March 5, 2016, located in Seogu, Seogu, Daegu, and Seogu, about 21:10, in order to have C take away the left arms of C, who was sexually related to C, and who was sexually related, I would be punished.” On March 16, 2016, the Defendant made a statement to the effect that C was sexually related to C was punished. On March 20:24, 2016, at the police officer at the Daegu Southern Police Station and the F Team office located in Seogu, Daegu-gu, 248, in order to have C take charge of criminal punishment.

Although having been pushed down, C was raped by forced sexual intercourse, and was sexually related to C’s statement on March 14, 2016, on the same place as around 19:30, around 19:30, and resisted by approximately three minutes, but C went off from his arms in force, and raped by sexual intercourse.”

However, at each of the above days, C did not have been raped by assault or intimidation over the resistance of the defendant.

Accordingly, the Defendant reported false facts to public offices, and made a false accusation against the above C.

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. Here, the term “a false report” refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts.

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