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(영문) 서울북부지방법원 2013.11.29 2013노1166
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal can sufficiently be recognized that the defendant made a false accusation as stated in the facts charged, the lower court erred by misapprehending the fact that the defendant was acquitted, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The Defendant: (a) around April 24, 2012, at the office of law firm reputation, a notary public, who is located in 11-5, Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, and (b) had the above attorney-at-law prepare a false statement stating the above purport.

On April 27, 2012, the Defendant had the said law firm staff submit the above complaint to the Namyang Police Station. On the same day, the Defendant was investigated as the complainant at the Criminal 2 Team office of the Namyang Police Station, stating that “at that time, D, who was next to it, would have sold in one hand to the author by stating that “I would like to turn off this Chewing arm.”

B. The lower court found the Defendant not guilty on the ground that it is difficult to view that the evidence submitted by the prosecutor alone was insufficient to prove that the Defendant was not guilty as stated in the facts charged.

C. (1) A false fact is made to a public office or a public official for the purpose of having another person receive criminal or disciplinary punishment.

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