beta
Text
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine for negligence of 5,000,000 won and by a fine of 1,00,000 won.
Reasons
1. Although the gist of the grounds for appeal is as follows, Defendant B sent the written complaint to the court by mail;
Even if the complaint of this case was actually received from the original branch of the Chuncheon District Public Prosecutor's Office on December 3, 2015, Defendant B appeared at the police station and made a statement on the basis of the above complaint and expressed his criminal intent to punish Defendant A to the investigation agency, and the above complaint was submitted to the police and received after the report was reached at the investigation agency, and even if the return was received after the report reached the investigation agency, it should be deemed that the crime of false accusation was completed. In full view of the fact that Defendant B had the awareness that Defendant B would receive the complaint from the investigation agency, and in fact, Defendant B should receive the complaint from the investigation agency; Defendant B should be recognized as a crime of false accusation; Defendant B should have the authority to file a criminal prosecution or investigation, such as prosecutor and judicial police officer, and Defendant B sent the complaint to the court, and Defendant B received the complaint to the prosecutor's office after receipt, and Defendant B did not have any influence on the conclusion of the judgment, the court below erred by misapprehending the legal principles and finding that the crime did not affect the judgment.
2. Determination
A. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts can be acknowledged.
1) On April 22, 2015, Defendant A was sentenced to imprisonment for a crime of violation of the Narcotics Control Act (compact) in the Jeju District Court’s original branch, etc. on the grounds of the violation of the Act on the Control of Narcotics, etc., appealed from May 8, 2015 to the Chuncheon Prison on May 8, 2015, and transferred the case to the original prison on October 28, 2015. In order to transfer the case to the original prison which was sentenced to the appellate court’s judgment on the instant case on October 28, 2015.