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(영문) 대전지방법원 공주지원 2015.01.30 2014고단49
무고
Text

The defendant shall be innocent.

Reasons

1. Around November 12, 2013, the Defendant prepared a false complaint with the aim of having C receive criminal punishment at the public service center of the Gongju Police Station, which is engaged in opic vibrations at the time of official residence.

The statement of the complaint states, “A was trying to talk with C on November 11, 2013 or the end of the Spanish end, and I got her in a fluorous manner, and the husband of the business around 6 to 7:0 p.m., who was her in flusium, was only the husband of the business in front of the door, and the knee, knee, knee, knee, was brue and ebbbly. The defendant was punished for assault (flusing the defendant) and was punished by assaulting the defendant.”

However, unlike the defendant's statement, C tried to send the defendant with his/her driver's plaque by causing the defendant, who was found at the main points of his/her operation, to set the cell phone in the influence of alcohol, and the defendant was over the front of the above main points, and C did not inflict an injury by breaking the defendant's secret.

Nevertheless, around November 12, 2013, the Defendant submitted a written complaint to a police officer who is unable to know his/her name at the public service center of the above police station and filed it with C.

2. 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 or disciplinary punishment imposed upon him/her. Here, the crime of false accusation refers to a conclusive or dolusent recognition that the reported facts violate the objective facts, and even if the reported facts are false contrary to the objective facts, there is no intention to make false accusation when there is no awareness of such falsity.

If the contents of the complaint are not false or false, but the circumstances are not somewhat exaggerated on the basis of facts, the crime of false accusation shall not be established.

(Supreme Court Decision 2002Do5939 delivered on January 24, 2003). In light of the above legal principles, the following is examined: (a) the witness C, D, E, F, and so forth.

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