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(영문) 창원지방법원 2017.02.10 2016고단3152

무고등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On July 21, 2015, the Defendant was sentenced to six months of imprisonment by the Changwon District Court due to property damage, etc. and completed the execution of the sentence on June 7, 2016.

[2016 Highest 3152] On July 11, 2016, the Defendant: (a) prepared a written complaint to C at the public service center of the Dong-dong, Kimhae-si; (b) prepared a supplementary statement at the office of the public service center of the police station around July 14:18, 2016; and (c) made a statement to supplement the complaint at the office of the public service center of the women's juvenile investigation team of the police station on July 22, 2016; and (d) stated that “A, at around 15:00 on July 8, 2016, who was the defendant’s suit, was fright of the complainant with his/her hand and the right side of the complainant’s chest was frighted with his/her other hand, and knenekne was feld with the above indecent act; and (c) made a statement to punish Defendant C as an indecent act.”

However, in fact, at the time, the defendant arbitrarily fell into the forest land under the name of C son and did not commit an indecent act by C with the defendant's chest and her el, etc. in order to prevent the escape from the defect.

Nevertheless, the defendant filed a false complaint with C for the purpose of criminal punishment.

[2016 Highest 4114] From July 6, 2016 to July 8, 2016, the Defendant destroyed a field cultivated by the victim C in Kimhae-si by the Defendant during the period from July 6, 2016 to July 8, 2016, by having E and F, an engineer of spokes employed by the Defendant, the victim’s market value, which was deep at the victim’s possession, 2 million won or less, take advantage of its utility.

Summary of Evidence

[2016 Highest 3152]

1. Statement by the defendant in court;

1. Each police statement made to the defendant, E, or G;

1. A complaint [2016 Highest 4114]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of 9 copies of field photographs and photographs to the Acts and subordinate statutes;

1. Relevant Article 156 of the Criminal Act, the choice of a sentence against a criminal fact, Article 156 of the Criminal Act, Article 366 of the Criminal Act, and Article 1.