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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 춘천지방법원 2020.05.29 2019노420
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error and misunderstanding of legal principles) is that the Defendant sustained injury due to a traffic accident that actually caused B.

Therefore, the contents of the report are not “false facts”, and the defendant has no intention to commit a crime with no intention.

2. Determination

A. Relevant legal principles 1) The crime of false accusation is established when another person reports false facts to a public office or a public official for the purpose of having a criminal punishment or disciplinary punishment. Here, the term " false report" means a conclusive or dolusent recognition that a reported fact goes against objective facts. Therefore, even if a part of a reported fact contains false facts, such false part does not constitute a crime of false accusation if it is not an important part affecting the nature of a crime but merely exaggeration of a reported fact, but it does not constitute a crime of false accusation. However, if a part of a false fact is modified to the extent that it is likely to interfere with the state's trial action or undermine the legal stability of an individual who is not unfairly punished (see, e.g., Supreme Court Decision 2008Do8573, Jan. 30, 2009). 2) The crime of false accusation is established (see, e.g., Supreme Court Decision 2008Do8573, Jan. 30, 2009).

The term "case where the reporter is aware of the objective fact known to him/her, but the reporter is unable to know that he/she is false, or that he/she is likely to be false, or that he/she is false or likely to be false based on objective facts known to him/her.

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