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(영문) 전주지방법원 2015.01.23 2014노682
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the prosecutor was explained by the defendant F of the assistant nurse F that he could conduct an organization inspection during the internal border examination of this case before conducting the internal border examination of this case, and accordingly, he was aware of and signed the "written consent for internal border treatment", which is indicated as the consent of the above Minister and the consent of the organization inspection of the above Minister, and the defendant's mistake as to the preparation of the above written consent itself goes against a sound common sense. In full view of the above facts charged of this case, the judgment below which acquitted the defendant, even if the defendant was found guilty, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. The facts charged and the summary of the defendant's assertion

A. Around December 23, 2013, the Defendant prepared a false complaint for C using a computer for civil petitioners at the public service center of the Si/Gun/Gu police station located in Maam 3.1-1, 82 of the Si/Gunsan City (hereinafter “the complaint of this case”).

The written complaint states that "the defendant C, who was the defendant, was in charge of tissue recovery on December 23, 2013 without the defendant's consent from the E Hospital located in Gunsan-si D, and thus the defendant was injured by the defendant," and the facts are as follows: "A written consent to tissue recovery" including the contents of "on-the-spot internal and organizational inspection of the above Minister" before undergoing the internal border inspection; thus, C, the defendant, was not in charge of tissue recovery without the consent of the defendant, and therefore, C, the defendant, was not in charge of causing injury to the defendant by collecting tissue.

Nevertheless, on December 23, 2013, the defendant submitted a false complaint to a public official who is unable to know his name in the above military police station civil petition office.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

B. The defendant's assertion is summary.

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