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(영문) 춘천지방법원 2017.01.10 2016고합75
무고
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. On August 21, 2015, the Defendant filed a complaint with the purport that “The Defendant, the Defendant, was forced to have sexual intercourse, such as rape of the Defendant from the third floor emergency stairs near D’s new wall on August 6, 2015, at the office of the Young-gu regional prosecutor’s office of the Young-gu regional public prosecutor’s office located in the Young-gu regional public prosecutor’s office in the Young-gu regional public prosecutor’s office in the Young-gu regional public prosecutor’s office in the Young-gu regional public prosecutor’s office in the Young-gu, Young-gu, Young-gu.

However, in fact, the Defendant entered into a sexual relationship under the agreement between C and emergency stairs near C. Accordingly, the Defendant committed a criminal punishment for the purpose of having C receive criminal punishment.

2. The defendant's sexual intercourse with the defendant C, which was on the day of the defendant's argument, was committed against the defendant's will. Thus, the defendant's complaint does not constitute a false complaint against objective truth.

3. Determination

A. The crime of false accusation is established when a person reports false facts to a public office or a public official for the purpose of having a criminal punishment or disciplinary disposition against another person. Here, the term "a false report" refers to a conclusive or dolusent recognition and reporting that reported facts are contrary to objective facts. In a case where the contents of a false report are not a false fact but a little exaggeration of the circumstances based on the facts, the crime of false accusation is not established (see, e.g., Supreme Court Decision 98Do1949, Sept. 8, 1998). As long as the defendant reports objective facts as he/she knows, it cannot be deemed to constitute a false report even if he/she erred in subjective legal composition or evaluation based on objective facts, and it does not constitute a crime of false accusation (see Supreme Court Decision 84Do1737, Sept. 24, 1985). The requirement that the reported facts contravene objective facts should be proved, and the authenticity of the reported facts can be recognized.

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