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(영문) 수원지방법원 성남지원 2017.01.18 2016고단3659

무고

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2016, around 21:48, the Defendant made a false report to 112 on the “C Age” located in Sungnam-si A, Sungnam-si, on the phone of 112, and called “A” to “A police officer sent to the scene shall be called “A person who is in charge of breast-age, shall be in charge of punishment,” and “a person who is in charge of breast-age, shall be in charge of punishment.” On the same day, around 21:5 on the same day, at the central box of the police station for Sungnam-si, located in 3498-2, the Defendant went to the male and cat on August 30, 2016, the Defendant took charge of committing an indecent act by putting him to a male toilet and forcing him to do so by force. Accordingly, the Defendant was punished under the law.

“Preparation and submission of a written statement”.

However, the facts are that the defendant had a sense of peace.

E even though they promised to play only at the above CNE, they reported that they met with other women and made a false report, and the above E did not have committed any indecent act by force against the defendant.

In this respect, the defendant made a false accusation against E for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. A written statement of the victim;

1. 112 Notice of a department related to reporting;

1. Application of Acts and subordinate statutes to recording notes;

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

1. Statutory mitigation under Articles 157, 153, and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of false sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that infringes on the criminal justice function of the State and puts in danger of illegal punishment, and thus requires strict punishment, and the defendant has the record of being sentenced to suspended sentence due to the obstruction of the execution of public duties by fraudulent means due to the false reporting.