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(영문) 수원지방법원 2016.12.16 2016고단4274

무고등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 22:00 on June 2, 2016, the Defendant: (a) while drinking with the “D” main points located in Suwon-si, Suwon-si, Suwon-si; (b) while drinking with the victim E, who was a partner of the previous workplace, the Defendant called “D”; (c) drinking the victim’s gold cream and metal with the victim’s seat; and (d) having the victim “I would like to have any other things similar to his wife. I would not want to wear it at the same time; and (d) wearing gold cream and gold cream with the victim’s cell phone; and (e) wearing it by using the victim’s cell phone, the Defendant took a phone call with the victim’s cell phone; and (e) stolen the gold cream, gold cream, and mobile phone, which are owned by the victim with no knowledge of the market price.

2. Around 00:10 on June 3, 2016, the Defendant stated that “F” women’s clothes located in Suwon-si, Suwon-si, Suwon-si, the Defendant was forced to investigate into the crime of larceny by force from E, and that “E was forced to commit indecent act by force.” On the same day, the Defendant made a written statement stating that “E was forced to commit indecent act by force from E,” and submitted it to the police officer belonging to the said patrol group on the same day, stating that “E was under the influence of E and alcohol on June 22, 2016.”

However, there was no fact that the defendant was forced to commit an indecent act by E.

In this respect, the defendant committed a false accusation for the purpose of having E receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding E;

1. To enter and present a written statement prepared by the defendant;

1. Application of the Acts and subordinate statutes in the report of investigation (14 pages of investigation records);

1. Relevant Articles of the Criminal Act, Article 329 of the Criminal Act, Article 156 of the Criminal Act, and the choice of imprisonment for a crime;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act (with respect to a crime of confession and false accusation), which are statutory mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act: