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(영문) 의정부지방법원 2019.05.24 2018노1488
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the facts that the defendant raised B with false facts can be sufficiently recognized.

However, since the court below acquitted the charged facts of this case on the ground that there is no proof of crime, the court below erred in misconception of facts.

2. Around February 20, 2013, the Defendant prepared a false complaint with respect to B with the aim of having B obtain criminal punishment from the civil petition office of the Macheon Police Station, 1570, the Sincheon-si, Macheon-si, 1570.

On February 16, 2013, at around 12:00, B's request for the repair of the noise engine of a bed kyone vehicle and the repair cost related to the noise apparatus has been high, the complaint was punished because the left snow was sold to the left eye of the drinking and the inside part of the left part in need of treatment for 14 days.

‘The content, fact, and fact, B did not have any injury to the defendant.

Nevertheless, on February 20, 2013, the Defendant submitted the above complaint to an employee whose name cannot be known at the public service center of the Macheon Police Station, and rejected B.

3. On the grounds indicated in its reasoning, the lower court found the Defendant not guilty of the facts charged in this case on the ground that there is no evidence to acknowledge otherwise, on the following grounds: (a) it is insufficient to view that the evidence submitted by the prosecutor alone, on the grounds indicated in the facts charged in the instant case, was proven without reasonable doubt that the Defendant submitted a false complaint to the effect that (b) was physically injured by assault and harming the Defendant; and (c) there was no other evidence to acknowledge

4. In a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the court below's determination based on the evidence judgment as above is just and acceptable, and in the trial of this case, the court below is justified.

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