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(영문) 의정부지방법원 2018.01.05 2017고단2314
무고등
Text

Of the facts charged in the instant case, the charge of assaulting is acquitted. Of the facts charged in the instant case, the prosecution is instituted.

Reasons

Parts of innocence

1. The summary of this part of the facts charged is that the Defendant is the resident of the apartment house B in both weeks, and the victim C (51) is the above apartment management complaint.

On April 27, 2017, the Defendant filed a complaint with C and made a statement to C with the aim of having C receive criminal punishment. On April 24, 2017, the Defendant filed a complaint with C to the effect that “Around April 24, 2017, the complainant did not discharge water from the apartment, thereby causing damage to the Defendant’s tenant.” The Defendant filed a complaint with the effect that “Around April 27, 2017, the complainant’s scopical scopical scophing against the complainant and the scophing scophing scophing scophing scophing the complainant by hand.”

However, the facts are as follows: (a) the Defendant: (b) was fluencing C face one time by drinking C; (c) the Defendant continued to take a fluorial attitude; (d) the Defendant was fluencing C with drinking alcohol and pushing C by hand; and (c) C unilaterally used violence to force C to make 112 reported through the staff of the management office; and (d) C did not inflict an injury on the Defendant due to the brucing of the Defendant’s title by hand.

Nevertheless, the Defendant filed a false accusation with C for the purpose of having C punished criminal punishment, and brought C a false accusation.

2. Determination

A. The crime of false accusation is established when a person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon another person. Here, the crime of false accusation is established when a person reports false facts to the public office or a public official. Here, it refers to the conclusive or dolusent recognition that reported facts are contrary to objective facts. In a case where the contents of a false report are not false facts but are somewhat exaggerated, based on facts, the crime of false accusation is not established (see Supreme Court Decision 98Do1949 delivered on September 8, 1998, etc.). Meanwhile, the burden of proof for a criminal offense prosecuted in a criminal trial is against the public prosecutor, and the recognition of

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