logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.07.17 2015노1542
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not permit C and I to open his mobile phone under his own name, and thus, the instant complaint was not perceived as false, so there is no intention for the Defendant.

2. Determination

A. The judgment of the court below 1) In the crime of false accusation, the term "a false report" refers to a conclusive or dolusent recognition and reporting that the reported fact goes against the objective fact. Thus, even if it is inconsistent with the objective fact, if the reporting person is true and confirmed as true, the crime of false accusation is not established. Here, the term "defidentness" refers to the case where even if it is based on the objective fact known to the reporting person, the reporting person cannot be perceived as false or likely to be false. It does not include the case where the reporting person makes a false or false statement based on objective fact known to him, but disregards his assertion that it is correct (see, e.g., Supreme Court Decision 200Do1908, Jul. 4, 200). 2) The court below adopted the report and made a statement to the effect that it is consistent with the evidence, namely, the defendant's statement to the effect that he made a false statement to his own mobile phone, and the defendant made a false statement to the effect that he made a false statement to C.

arrow