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(영문) 서울중앙지방법원 2017.02.16 2016고단9548

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 14, 2016, at around 08:26, the Defendant reported the 112 report that he was quasi-rapeed to E within the “Del” 205 room located in Gwanak-gu in Seoul Special Metropolitan City. On the same day, the Defendant moved from the police officer stationed around 08:44 on the same day to the Seoul Gwanak Police Station Gate-gu Seoul Special Metropolitan City, Gwanak-gu Office in Seoul Special Metropolitan City F, and changed from September 14, 2016 to the office, and “A man who does not know before the Iart in Geumcheon-gu Seoul Special Metropolitan City H, coming to his house while moving to the her seat while she was on board the car on the laver, and exceeded the clothes of locked and was in a sexual relationship after she was frighted.

The content of “A” is as follows: (a) the said E prepared and submitted a written statement as if it had been raped between the Defendant and the Non-Formality.

However, in fact, the defendant did not have sexual intercourse with the defendant in a situation where the defendant did not have consciousness because he did not have sexual intercourse with the defendant in a situation where he did not have any consciousness because he did not have sexual intercourse with the defendant.

As a result, the defendant did not appeal E for the purpose of criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. E statements;

1. Report on investigation (verification of CCTV, which is the place where such report occurred), report on investigation (related to the statement of the owner of the DNA telecom), and application of Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the facts constituting an offense (a false accusation and choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) of the suspended sentence is that the Defendant was in a situation where a person who was deprived of being subject to investigation by the judicial authority was in a situation where he was suspected of quasi-rape without any special reason, and that there was injury such as waste of judicial resources and human resources for unnecessary investigation.

Although there is still no record of punishment, the defendant is currently being tried by other courts for the same kind of crime, and the crime of this case has been committed around that time.