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(영문) 창원지방법원거창지원 2020.08.19 2020고단37

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 16, 2019, the Defendant prepared a false complaint with respect to B with the aim of having B receive criminal punishment from the public service center of the Daegu Pacific Police Station, which is located in 55-ro, Seogu, Daegu Dogsan-ro.

The criminal complaint stating that "A around 22:00 on December 14, 2018 and around 22:00 on the right knife is punished by B with a knife in the residence in Gohap-gun, Gohap." At the time, the defendant was under the influence of alcohol while repairing the boiler, and there was no fact that B knife knife on the right knife from B to knife.

Nevertheless, the defendant submitted the above complaint to the Daegu Pacific Police Station on the same day.

Accordingly, the Defendant reported false facts to public offices.

Summary of Evidence

1. Legal statement of the witness B;

1. Examination protocol of the accused by prosecution;

1. Statement of reference witness of the prosecution against the accused;

1. The police statement of the defendant;

1. The suspect interrogation protocol of the police as to B;

1. Investigative reports (A photographic files taken on the top of hand), investigation reports (A submitted data files), investigation reports (B submitted data files), investigation reports (B victim protective order files), investigation reports (to be filed in boiler rooms); and investigation reports (to be filed in boiler rooms);

1. The Defendant, knife, was a medical certificate and emergency medical services manual, arguing that the Defendant was a knife of the Defendant, not false fact, and that the Defendant did not constitute a crime of false accusation. However, in the first-aid services manual prepared at the time, the Defendant stated that “the Defendant was at the center of the knife, who was trying to repair the boiler, and was faced with the Defendant at the top of the boiler frame,” and the medical records of the Defendant stated that “the Defendant was working in boiler,” and “after OP,” and “the Defendant’s hospitalization at the house, knife, knife the Defendant’s right knife while the boiler was repaired.”