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(영문) 전주지방법원 남원지원 2019.09.24 2019고단54
무고
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On September 12, 2018, the Defendant reported that he phoneed to 11:34 on September 12, 2018, the Defendant no longer fell under the raising of agriculture. On the same day, the Defendant appeared at the lower court’s office of the relevant police station at around 16:09, and stated to the police officer in charge that “on September 1, 2018, the Defendant brought to the 5 million won of the market price of the Defendant’s possession, which was kept at the station of the relevant police station at the Yangwon Police station (hereinafter “this case’s religious police officer”).”

However, in fact, C, who leased the gymnasium owned by the Defendant (hereinafter “instant gymnasium”) in the Namwon-si, Namwon-si, used it for the operation of the gymnasium with the Defendant’s consent on May 11, 2018, and C, among the Dos used by C, displayed the bottom of the instant gymnasium and around August 16, 2018, C, a around August 16, 2018, would bring the Defendant into the gymnas of this case.

Since the Defendant notified that he had been aware that C had been in custody of this case at the time of reporting the thief damage.

Accordingly, the defendant reported false facts to the investigation agency for the purpose of having C receive criminal punishment.

2. Determination

A. In a criminal trial, the establishment of a criminal facts ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction is to be ensured, the determination should be made with the benefit of the defendant even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

(See Supreme Court Decision 2012Do231 Decided June 28, 2012). B.

According to the evidence duly adopted and examined by this court, the following facts can be acknowledged.

1 C from April 20, 2018, the Defendant leased the instant sub-generation from the Defendant, and thereafter employs D and E to operate the sub-generation.

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