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(영문) 수원지방법원 2018.02.19 2017고정3020

무고

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, from October 9, 2015 to May 31, 2017, served in the military together with D and E, an appointed at the 3rd unit C of the 31st unit of the Military Service Association of the 2nd unit.

The Defendant, together with D, conspired with D to make a false report as if E committed sexually indecent act against D, even if E had a minor fault by recording (i.e., one’s name “Symar”) and reporting that E had its members subject to disciplinary action, such as so on.

Accordingly, at around 18:00 on February 3, 2017, the Defendant, a major captain in the above C Administrative Team, taken the typology on the body of ED to the Defendant “E typology.”

D Recognizing that it was about to go to go to D, D see that it was “The F reported by the Defendant around 18:20 on that day as “The F, who committed the indecent act on the part of the E body, committed the indecent act on the part of the E body,” and continued to be the same year.

2. On 15. Around 15. The police officer G majored in the military judicial police officer stating, “I am sexual humiliations and feel sexual humiliations by intending to see the sexual organ on this body’s face, and I am subject to criminal punishment against E who sexually decent act against himself.”

However, the defendant did not have observed the above indecent act of E, and D did not have committed such indecent act from E.

Nevertheless, the Defendant reported false facts in collusion with D for the purpose of having them subject to criminal punishment or disciplinary action, and made a false report, and made a false accusation of E.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning examination of the suspect of the defendant or D by the military prosecutor of each military branch;

1. A protocol concerning the examination of suspects of police officers of each military court against the defendant, D, or E;

1. Each statement of F and H;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 156 of the Criminal Act and Articles 156 and 30 of the Criminal Act and the choice of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;