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(영문) 전주지방법원 2016.05.12 2015노1695
무고
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the legal principle) Defendant A filed a false statement with the investigative agency as if G intentionally harming the Defendant A, and made a statement corresponding thereto. Defendant B instigated Defendant A, who lacks intellectual ability, to file a complaint with the said false statement.

Defendant

In light of the fact that A’s report and statement may have been subject to criminal punishment due to the crime of injury, it cannot be deemed that Defendant A’s report and statement are merely an exaggeration to the circumstances.

Nevertheless, the lower court erred by misapprehending the legal doctrine by not guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case 1) Defendant B, on February 12, 2014, at around 11:30, Defendant A, one of the tenants of the instant case, was placed in the “F,” operated by himself/herself in North Korea-gun E on February 12, 2014, and the place where he/she, who was the tenant of the instant case, received treatment after going through the process of G and vagabonds, his/her shop tenant, who was the mother of the previous

“A, while making a proposal, had A had a mind to prepare a false statement of complaint, and had A receive injury in need of two weeks of treatment in direct by the Defendant at the Switzerland Police Station located in sealed Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Seoul on the same day.

The main reason for the punishment is that A has a false statement of complaint prepared "A" submitted it to A to the competent police station of the Republic of Korea.

Accordingly, the Defendant instigated A to dismiss G.

2) On February 12, 2014, Defendant A, at the police station of the Republic of Korea, entered his name in the family name column, which is the complainant of the accusation that he prepared in lieu of B, and submitted it to the above police station, and then continued police investigation, “G her chest was pushed off five times.”

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