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(영문) 창원지방법원 2019.05.16 2018노2301
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles are not submitted for the purpose of having B be subject to criminal punishment or disciplinary action, and since the defendant's act stated in the petition B was threatened by B, the defendant clearly stated that he does not want criminal punishment against B, it does not constitute a criminal offense.

Nevertheless, the court below recognized that the defendant was not guilty. The court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

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

2. Determination

A. 1) Determination on the assertion of mistake of facts and misapprehension of legal principles

As such, the purpose of the defendant's complaint is not to punish the defendant, but to clarify the truth of the case and to urge the investigation into the necessary part.

Even if the establishment of a false accusation does not affect the establishment thereof.

(see, e.g., Supreme Court Decision 90Do2601, May 10, 1991). The crime of false accusation also protects an individual’s benefits that are likely to be unfairly punished or not subject to disciplinary action. However, the appropriate legal interests of the State’s criminal justice authority or disciplinary action are the principal legal interests. In a case where a false report was made, which would have been subject to criminal punishment at the time of the act of false accusation, the risk that the State would excessively exercise criminal justice authority and the legal stability of an individual who would not be unfairly punished would be infringed.

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