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(영문) 청주지방법원 2019.02.14 2017노1504
무고
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. On August 27, 2014, the Defendant’s complaint to the effect that “B (hereinafter “B”) seeking to avoid a misjudgment or misunderstanding of legal principles”) did not constitute a false statement in the content of the Defendant’s complaint to the effect that “A, upon intrusion upon a male toilet, committed a crime of residential intrusion by means of sound, etc., putting the door door door and sound, etc., in which the Defendant had invadedd the male toilet.”

Nevertheless, the court below erred by misapprehending the legal principles as to the mistake of facts or the crime of false accusation, which affected the conclusion of the judgment.

B. The lower court’s imprisonment (one year of imprisonment, one year of suspended execution, and 80 hours of community service) against the Defendant by the prosecutor (unfair punishment) is too uneased and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles

A. The summary of the facts charged in the instant case is as follows: (a) the perpetrator of sexual harassment, who was a member of F and was in close relationship with the Defendant due to sexual harassment on B, etc. as a result of sexual harassment on B, etc., who was a member of F, with the intention of having the perpetrator of sexual harassment f wn up, and had B take a criminal punishment; and (b) the Defendant wn up the entrance door before the male toilet entrance, and “I am fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly.

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