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(영문) 의정부지방법원 2016.08.11 2016노713
무고
Text

The defendant's appeal is dismissed.

Reasons

misunderstanding of the substance of the grounds for appeal or misunderstanding of the legal principles, ① the Defendant filed the instant complaint with the intention to not mislead the Defendant after December 31, 2014, or not to deceive C.

C It is not a complaint for the purpose of having a criminal defendant actually accused.

② The instant accusation is merely a statement of true fact that is double selling, and does not contain any false fact, and such fact itself does not constitute a criminal offense.

(3) Even if the defendant reported false facts, there was no perception that the defendant should report false facts.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion

The punishment sentenced by the court below to the defendant (two years of suspended sentence in six months of imprisonment, and eight hours of community service order) is too unreasonable.

Judgment

Examining the following circumstances acknowledged by the lower court’s duly admitted and investigated by the lower court and the lower court on the grounds of misunderstanding of facts or misapprehension of legal doctrine, it can be recognized that the Defendant committed the instant complaint with the intent of having C receive criminal punishment, even though the Defendant consented or consented to the conclusion of the sales contract between C and E, as stated in the facts charged in the instant case.

Therefore, this part of the defendant's argument is without merit.

The purpose of criminal punishment for a false report is to obtain criminal punishment for a false report, and there is sufficient awareness that other persons would be subject to criminal punishment due to such false report, and there is no need to expect the occurrence of the result. Therefore, inasmuch as the defendant stated C as he/she as the defendant submitted a letter of accusation with false information as the defendant stated C as the defendant, submitted it to the prosecution, and then stated false information at the time of receiving a supplementary statement for the complaint from the police.

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