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(영문) 대전지방법원 2016.12.01 2016노1792
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) was actually threatened by E, etc., and thus, the Defendant did not know E, etc. with false content.

2. According to the evidence duly adopted and examined by the lower court, the following facts and circumstances can be acknowledged.

① On July 2014, the Defendant was employed by E who operates N Co., Ltd. and worked at the work site of O, resulting in problems, such as physical fighting with other workers.

② Accordingly, E requested the defendant to return to Seoul because other workers could not work together with the defendant. On the day of the case, G upon the request of the above NF on the day of the case, proposed that the defendant was going to go together to Seoul.

③ The Defendant refused the above proposal and reported it to 119, 112, etc., and the Defendant, a police officer, etc. dispatched, shall also work to K, etc.

The statement was not made that he was subject to violence or intimidation, because he was involved only in the patrol patrol or emergency vehicle to Seoul, and that he was subject to violence or intimidation.

④ When the Defendant said to the effect that he was unable to meet Seoul due to the absence of rent, G received KRW 500,000 from F and delivered it to the Defendant. The Defendant received the said money, and thereafter boarded with G and H on a passenger car.

⑤ While moving to Seoul, the Defendant had a rest room, and had a telephone conversation with others freely.

Comprehensively taking account of the above facts and circumstances, the Defendant, as stated in the facts charged, may recognize the fact that there was no fact of intimidation with E, etc., as if there was such fact.

Defendant’s assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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