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(영문) 서울중앙지방법원 2019.02.15 2018노3321
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The Defendant was arrested with C on account of another person’s report among fighting matches with D and C, and the Defendant did not report C, and merely stated his intent to punish C in the investigation agency’s investigation agency’s execution, and thus does not meet the requirements for voluntary report in the crime of false accusation. 2) As there is a high probability that C actually exercised tangible power, such as breathing the Defendant’s fat, etc., it does not report false facts.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. 1) With respect to the assertion that the voluntary reporting requirements for the crime of false accusation were not satisfied, filing a false statement with an investigation agency, etc. does not constitute a crime of false accusation (see, e.g., Supreme Court Decision 2001Do6293, Feb. 8, 2002). However, whether a statement by a witness was based on an investigation agency, etc. should be determined by taking into account the developments leading up to the investigation, the relevance of the facts suspected of the investigation, and the statement by a witness, etc. (see, e.g., Supreme Court Decisions 2005Do3203, Dec. 22, 2005; 2013Do4429, Feb. 21, 2014). Moreover, the method of false accusation in the crime of false accusation does not have any relation with the written statement made by a third party, and even if it was based on the evidence submitted, it should be determined that the Defendant is sufficiently 2015Do1481, Feb. 25, 2014.

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