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(영문) 의정부지방법원 2020.10.15 2020노1276
무고
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles did not notify the Defendant of the doctrine that was not disturbed on June 6, 2018, and arrested the Defendant as an offender in the act of committing a crime. On October 2, 2018, the Defendant filed a complaint by illegal arrest of the said police officer on the same day is consistent with objective facts, and the Defendant did not have intention to make an accusation. Nevertheless, the lower court found the Defendant guilty of the instant facts charged. In so doing, the lower court erred by misunderstanding of facts or misunderstanding of legal principles, and thus, the lower court’s sentence (10 months of imprisonment) of unreasonable sentencing is too unreasonable

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. On October 2, 2018, around June 6, 2018, the summary of the facts charged in the instant case: (a) around October 2, 2018, the Defendant: (b) abused his authority as a flagrant offender for the crime of causing property damage and thereby illegally arrested him by abusing his authority to arrest him as a flagrant offender for the crime of causing property damage, at the public prosecutor’s office of the public prosecutor’s office of the Goyang branch of the Goyang branch of the government branch of the Seongbuk branch of the Goyang branch of the Seocho branch of the Seoul Jongno-gu Seoul Metropolitan Government; and (c) around June 6, 2018, at the public prosecutor’s office of the public prosecutor’s office of Goyang branch of the

"Preparation and submission of a written complaint to the effect that "" was made and made an appearance in the same prosecutor's office at the same prosecutor's office on January 29, 2019 and stated to the same effect.

However, at the time of fact, the defendant filed a false complaint by asserting that he was not subject to illegal arrest, such as being notified of the rights such as facts constituting a crime, right to appoint an attorney-at-law, right to refuse to make statements, and that he was not guilty while being tried as a crime of obstruction of performance of official duties.

As above, the Defendant committed a false accusation for the purpose of having a funeral C receive criminal punishment.

2. The report of false facts in relation to the crime of false accusation is conclusive or dolusent, that the reported fact goes against the objective facts.

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