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(영문) 수원지방법원 2018.10.19 2018노3168
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the details of the Defendant’s accusation by mistake of fact, the fact that the Defendant reported the wall from a prison officer in the Suwon Detention House.

“I have received instructions.”

As such, the defendant's above prison officer "I am for head" against the above prison officer

“The part in which a complaint was lodged to the effect that it received unfair instructions can be found guilty of the crime of false accusation.

Nevertheless, the court below found the defendant not guilty on the ground that the defendant had no intention to commit a false accusation. The court below erred in the misapprehension of facts.

B. The sentence of the lower court that is unfair in sentencing (five million won in penalty) is too unhued and unfair.

2. Determination

A. On November 30, 2017, the summary of this part of the facts charged is as follows: (a) the Defendant prepared a false complaint at the Defendant’s house located in Echeon-si C and 1 Dong 304, stating that “On October 27, 2017, the prison officer of the Suwon-si D Team leader directed the Defendant before the elevator that “on the wall,” “on the wall, the head was staying in the wall,” and submitted it by mail to the prosecutor’s office at the Suwon-si District Public Prosecutor’s Office located in Suwon-si, Suwon-si, Suwon District Public Prosecutor’s Office around October 27, 2017; and (b) around January 2, 2018, the Defendant submitted to the prosecution investigator “on the wall, the Suwon District Public Prosecutor of the Suwon District Public Prosecutor’s Team Do branch of the Suwon District Public Prosecutor’s Office at the above Suwon-si’s office.”

A supplementary statement was made to the effect that “The punishment is different as the order was given.”

However, on October 27, 2017, the defendant was investigating the ward where the defendant was confined.

D A correctional officer who is a team team G is against the defendant who intends to inflict an injury on a correctional officer and is likely to report the wall.

1.2 1.2 1.2 1.2 1.3 2.2 2.3 2.3 2.

“There was no instruction to do so.”

Accordingly, the defendant reported false facts to the prosecutor's office with a view to having a correctional officer G be subject to criminal punishment by interfering with abuse of authority.

2) The judgment of the court below is reversed.

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