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The prosecutor's appeal is dismissed.
Reasons
1. According to the gist of the grounds for appeal, CCTV and black image, etc., the court below found the defendant guilty of the charges of this case on the ground that the defendant was physically aware of the fact that he was assaulted, such as her mar, even though he did not have any shocked fact on the above vehicle in the process of obstructing the course of the vehicle driving. Thus, the court below erred in the misapprehension of facts.
2. Determination
A. On January 23, 2015, the Defendant reported 112 to the effect that he was assaulted by E from Ulsan-gun, Ulsan-gun, Ulsan-do around 06:00 on January 23, 2015. On February 24, 2015, the Defendant was present at the police station in Ulsan-do, Ulsan-do, and was investigated by F after being investigated by F, and “I am am her one with the front of other car in the E driving.”
Dobucks the low, so I would like to receive treatment in the Ambuck m, Buckbucks, and I would like to keep the injury back after the car.
Although the statement " was made, there was no fact that E had shocked Defendant for a passenger car."
Accordingly, the defendant reported false facts to public offices for the purpose of having E receive criminal punishment.
B. The lower court found the Defendant not guilty on the ground that, according to the relevant evidence, the Defendant’s report was merely an exaggeration of the circumstances since the Defendant was found to have been able to live in the future by a car of E driving. Therefore, the lower court found the Defendant not guilty.
(c)
1) In the establishment of a crime of false accusation, it is sufficient to report the fact that the reporting person is not true for the purpose of having another person be subject to criminal and disciplinary action, and the reporting person is not required to be confirmed to be false. However, as long as the reporting person reports the core or important matters of the reported fact in relation to the elements for the formation of the crime as they are, the circumstances of the details of the complaint.