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(영문) 대구지방법원 2017.06.15 2016노4574
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court acknowledged the instant facts charged based on the E and D’s statements, etc. although the credibility of the D’s statements was lower in light of the relationship between D and E, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. Fact-finding 1) Since the criminal intent in a crime of false accusation is not necessarily required to be a conclusive intentional act, it is not necessary to establish a crime of false accusation by reporting the fact that the reporting person is true, and it does not require conviction that the reported fact is false (see Supreme Court Decision 2005Do4642, May 25, 2006, etc.). 2) In full view of the evidence duly adopted and examined at the original court, E is recognized as having a difference between E and D, but E does not have any talk about the Defendant’s wife in the process of visiting the Defendant on January 15, 2016, and it was argued from the Defendant that E had an interview with the Defendant on January 20, 201.

Considering the following: (a) the consistently stated statement; (b) the Defendant also recognized that there was no talk about D at the time of meeting with E; and (c) the Defendant was working to designate an interview room in the civil petition affairs division at the time of the instant case; (b) the Defendant was not in a situation where the Defendant’s subscription information was known at the time of January 15, 2016; (c) the credibility of the E’s statement cannot be denied solely on the basis of partial detailed difference between E’s testimony and investigation; and (d) the Defendant filed a complaint by pointing out false facts by specifying D solely on the part of the Defendant’s vague trend alone.

Therefore, the defendant's mistake is erroneous.

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