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(영문) 인천지방법원 2017.05.12 2017고단645

무고

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On December 16, 201, the Defendant was sentenced to three years and six months of imprisonment for a violation of the Narcotics Control Act at the Seoul Central District Court on December 16, 201, and completed the execution of the sentence on November 1, 2014. On March 31, 2016, the Defendant was sentenced to two years of imprisonment for a violation of the Narcotics Control Act at the Port Support of the Daegu District Court, and the said judgment became final and conclusive on September 28, 2016.

[Criminal facts] On July 15, 2016, the Defendant prepared a false complaint with respect to C in the Daegu Suwon-gu, Daegu-gu, Daegu-dong, and entered the false complaint with respect to C.

The complaint shall be deemed to have been destroyed by the complainant who did not assault the Defendant C or have damaged the Defendant’s son’s vehicle, and the complainant assaulted the Defendant and damaged the vehicle.

There was a false fact, and thus punishment is different."

On July 19, 2016, the Defendant submitted the above complaint to the Daegu Suwon Police Station located in one Dong in the same Gu, by mail.

Then, on July 29, 2016, the Defendant was investigated by the Appellant in the Daegu Prison Investigation Office located in the Daegu Sinwon-gu Seoul Metropolitan City, and filed a false complaint with the background D belonging to the Daegu Sindong Police Station. “The Appellant only caused a dispute with C in the process of changing the vehicle in the course of the change of the vehicle in the course of Geumcheon-gu, Geumcheon-gu, Seoul. From February 2015 to March 3, 2015, C assaulted C, destroyed the vehicle, destroyed the vehicle, escaped, and filed a false complaint.

“The statement was made to the effect that it was “.”

However, on February 8, 2015, the Defendant: (a) caused the departure of the vehicle owned by C on the road above to fall off the direction of the vehicle; and (b) caused C to take the head of the vehicle; and (c) there was no fact that C was the Defendant.

Accordingly, the defendant brought C without prison labor for the purpose of having C receive criminal punishment.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. The legal statement of the witness C;

1. Statement made by the police against the defendant;

1. Complaints of the accused;

1. Each investigation report (as to the case in which the suspect C filed a complaint against the complainant A);