logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.01.11 2016노647
무고
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) 1) misunderstanding of facts or misunderstanding of legal principles (as to the guilty portion in the judgment of the court below), the Defendants did not prepare the confirmation document of this case with F, and even if F did not have intention to make a false accusation, the court below found the Defendant guilty of this part of the facts charged. The court below erred by misunderstanding of facts or by misunderstanding of legal principles

2) Each punishment sentenced by the lower court (two years of suspended sentence of eight months for each imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (as to the acquittal portion in the judgment of the court below), the Defendants alleged that “the instant confirmation document was forged,” and the Defendants’ assertion that “the instant confirmation document was forged,” shall be deemed consistent from September 26, 2013 to February 18, 2014 at the time of committing an act of false accusation under paragraph (2) of the facts charged (as to the part of acquittal portion in the judgment of the court below), and therefore, the Defendants’ complaint submitted to the Daegu District Public Prosecutor’s Office on February 18, 2014 should be construed as including “the punishment for forging and I as a crime of forging and accompanying a private document”.

In addition, since the time when the crime of false accusation was committed refers to the time when a report of false facts reaches a public office or a public official, so long as a report of false facts reaches a public office or a public official, it is not required to initiate an investigation or institute a public prosecution, and it was returned the document received.

Even if the crime of false accusation is not affected by the establishment of the crime of false accusation, the act of submitting a complaint stating that the defendants punished F and I as the crime of forging and accompanying private documents to the Daegu District Public Prosecutor's Office is in itself established, and the crime of false accusation is established when the defendants prepare a supplementary statement by the complainant, "This content is deducted from the facts of the complaint."

arrow