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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
가. 피고인 ⑴ 사실 오인 및 심신장애 주장 ㈎ C에 대한 무고의 점 - 사실 오인- 피고인이 2012. 10. 경 I 시청으로부터 교부 받은 I 경찰서 장 명의의 공문에는 I 경찰서 장의 직인이 없었고, 담당자의 서명이나 이름도 모두 공란으로 되어 있어, 피고인은 C 이 상관의 허락 없이 위 공문을 개인적으로 작성한 뒤 발송한 것으로 오인하였다.
Therefore, the Defendant did not have any awareness of false facts and did not have any intention to commit the crime of false accusation.
㈏ L에 대한 무고의 점 - 사실 오인- 상해 고소로 인한 무고의 점 L은 원심 법정에서 사건 당일 피고인의 손을 뿌리치고 밀친 것을 인정하였다.
Although the Defendant did not have knee to the extent that he should undergo the original surgery, it is true that knenee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-n
Although L's household affairs are contrary to objective truth that it causes serious injury to the extent that it needs an operation to be performed by the defendant, it is merely an exaggeration of the circumstances of the reported fact, and it is not a crime of false accusation.
Considering that there was no wife observed by L when there was no accusation immediately after the dispute over L's accusation due to perjury, that police officers testified to this effect at the time, and that the Defendant was convicted of an assault, not an injury, and that the Defendant was convicted of the charge of assault, not an injury, at least sustained injury, the Defendant did not have any testimony of L, which is not at least the injury. Thus, this part of the Defendant’s accusation, which is the issue of perjury, cannot be deemed as a report of false facts, and thus, cannot be deemed as a crime of false accusation.
Even if there is sufficient room to view it as the director of simple circumstance even though it is not a house, it is not a crime of false accusation.
㈐ P에 대한...