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(영문) 울산지방법원 2015.03.12 2014고단2171
무고
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around December 30, 2013, the Defendant drafted a false complaint against C with the intent of having C receive criminal punishment, at an office located in Ulsan-gu Office, Ulsan-gu, Seoul-do, with the aim of having C obtain criminal punishment.

A written complaint states that "The defendant C, at around 02:00 on June 5, 201, engaged in the liquidation of the E, a ship under construction in Ulsan-dong-gu, Ulsan-gu, U.S. E, with the complainant, and C, as the defendant, neglected his/her duty of care to ensure that the complainant would not go beyond the complainant, while neglecting his/her duty of care to ensure that he/she would complete the work as soon as possible, and forced him/her to complete the E, thereby causing injury, such as the bones of the bones, which requires medical treatment for the number of days."

However, there was no fact that C was caused to go beyond the Defendant to get him to get him to get him to get his house.

Nevertheless, the defendant submitted the above complaint to the police officer who is unable to know his name at the public service center of the Ulsan-dong Police Station in Ulsan-dong, Ulsan-dong, 603-1 on the same day and filed the complaint with C.

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. The term "report on false facts" refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts, and thus, even if part of reported facts are included in false facts, the false part is not an important part affecting the nature of a crime, but it is not a crime of false accusation if it is merely an exaggeration of reported facts. However, it is not a crime of false accusation.

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