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(영문) 서울중앙지방법원 2016.08.11 2016노394
무고
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of legal principles did not have any assaulted against D, such as the statement in the complaint, and rather, the statement made by D, I, and J is not reliable in light of the consistency of the statement, D, J, and I, and the relationship between D and I.

Nevertheless, the judgment of the court below which found the Defendant guilty on the grounds of the above statements is erroneous by misunderstanding the facts and misunderstanding the legal principles.

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is that there was a dispute over C’s Eastern D, one’s spouse, and E’s management rights, etc., and D, around December 31, 2014, filed a complaint with the Seoul Central District Public Prosecutor’s Office by forging private documents, etc., and C, by embezzlement of business, etc., with the intent of having D criminal punishment.

On February 9, 2015, the defendant prepared a false complaint against D in the future of the Seoul Central District Public Prosecutor's Office using a computer at the defendant's house located in Gyeonggi-si F in Gyeonggi-do.

A written complaint contains that "D around 19:00 on January 12, 2015, while drinking together with the complainants, the complainant’s face is stamped on the right side of the complainant with beer, and the complainant’s right hand over to be the beer’s disease, etc. is stamped on the right side, and as a result, the complainant suffered injury, such as knee, knee, etc., from among 5 weeks on the right side where treatment of approximately two weeks is required." In fact, D did not inflict any injury on the defendant as above.

Nevertheless, around 14:00 on February 11, 2015, the Defendant submitted the above complaint to a public official in name in the Seoul Central District Public Prosecutor's Office located in 158 as the distribution of Seocho-gu Seoul Metropolitan Government.

Accordingly, the defendant is D.

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