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(영문) 서울중앙지방법원 2017.04.20 2016노1729
무고
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In fact, although the lower court determined that the Defendant was on the line to F through H, it did not allow F to sell a DNA vehicle through F and H to buy money. However, this was only dependent on F and H’s statement, and the Defendant did not allow F to buy a DNA vehicle through H.

B. Since the Defendant reported that the reported fact was true, the Defendant does not have the intention to commit an act of false accusation.

Nevertheless, the lower court: (a) intentionally reported false facts with the intent to have F punished criminal punishment; and (b) intentionally reported by the Defendant;

As such, the court below erred by misapprehending the legal principles on the crime of false accusation.

2. Summary of the facts charged and the judgment of the court below

A. Around April 25, 2014, the Defendant drafted a written complaint with respect to F at the office of the Defendant E (hereinafter “E”) located in Songpa-gu Seoul, Songpa-gu Seoul (hereinafter “E”).

Around July 9, 2013, the complaint: “F, the Defendant U.S., stolen documents necessary for the sale of the vehicle, such as the vehicle keys A6 G and A’s seal imprint certificate, owned by the complainant, within the office of Songpa-gu Seoul Metropolitan Government D, and continuously, on the same day, he/she stolen the above U.S. vehicle located in the 249 underground parking lot of Songpa-gu, Songpa-gu, Seoul, and the documents necessary for the sale of the above U.S. vehicle and the vehicle are not stolen; rather, the documents necessary for the sale of the above U.S. vehicle and the vehicle are not stolen by F; the Defendant’s H introduced F to F.

Nevertheless, on April 25, 2014, the Defendant submitted a false complaint to a public official in charge who is unable to know his/her name at the Seoul Songpa-gu Seoul Metropolitan Office civil petition office for the police station located in 221 among Songpa-gu Seoul, and the same year.

5. On August 1, 200, at the criminal charge of the Song-gu Police Station and the I Team office, the Inspector J made a statement to the same effect as the above written complaint.

Accordingly, the defendant is subject to criminal punishment against F.

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