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(영문) 광주지방법원 순천지원 2017.04.20 2016고단2190

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 2, 2016, the Defendant submitted a false complaint with respect to C, D, and E in the Gandong Police Station located in the Gandong Police Station located in T, D, and E located in the interesting country in the South and North Korea.

The contents of the above complaint include: “C, D, and E shared, and at around 15:30 on June 2, 2016, 2016, the defendant was injured by assaulting the defendant in common by assaulting the defendant over the floor on the roads from the back frame of the court of the 26 Gwangju District Court at the time of the women’s net support to the public parking lot.” The facts are as follows: (a) the complainant was sealed by the defendant in common with C, D, and E, and there was no fact that the defendant was injured by assaulting the defendant over the floor.

Nevertheless, the defendant is above

6.2. Around the same day, the above complaint was submitted to police officers who were unable to know their names in the T, D, and E for the purpose of having C, D, and E punished criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D and C's respective legal statements;

1. CCTV video CDs;

1. Recording notes;

1. Complaint;

1. Application of Acts and subordinate statutes to a police statement protocol (which shall be the basis for recognizing the facts pertaining to the details of a complaint) to A;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of the defense counsel's assertion under Article 62-2 of the Criminal Code of the Social Service Order

1. The gist of the argument is that the Defendant was assaulted by the other party, and the content of the complaint is true, and even if there are somewhat exaggerated parts.

Even if it is, it is not to the extent of it.

2. According to each of the evidence mentioned above, the following circumstances are acknowledged. In light of these circumstances, it is deemed that the accusation that the Defendant was assaulted by D, C, etc. is false.

① There is no part of CCTV images that the defendant has taken a court parking lot at the time of the above leisure, in which there is no part of assault by the other party.

(2) The defendant shall assault the above CCTV in a passage which is a blind spot.