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(영문) 청주지방법원 2018.07.20 2017노1541
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant had a false criminal intent against the defendant

Even though it is difficult to see the difficulty, the court below found the defendant guilty, and the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (six months of imprisonment, two years of suspended sentence, and eight hours of community service) is too unreasonable.

2. Determination

A. 1) The criminal intent in the crime of false accusation is not necessarily required to be a conclusive intentional act, and it is sufficient to establish the crime of false accusation by reporting the fact that the reporting person is true, and the fact reported is false (see, e.g., Supreme Court Decision 2007Do1423, Apr. 26, 2007). 2) In light of the above legal principles, in light of the above legal principles, the crime of false accusation was examined as to this case. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant had an intention to commit false accusation.

Since it is reasonable to see this part of the defendant's argument is without merit.

A) The Defendant, at the prosecutor’s office, stated to the effect that “F, upon the Defendant’s request, found F, was issued with F’s seal imprint certificate and F’s seal imprint certificate on behalf of F with F’s seal imprint certificate and affixed F’s seal imprint certificate to F, and the Defendant also stated to the same effect at the prosecutor’s office (see, e.g., evidence record No. 268 through 270),” and the Defendant stated to the same effect at the prosecutor’s office (see, e.g., evidence record No. 281, 300). However, the Defendant stated at the prosecutor’s office that “E made money to be given to E and filed a complaint with E for more than one year.” The Defendant stated to the effect that “E would not release a collateral security, but go under the law” (see, e.g., evidence record No. 303).

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