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(영문) 광주지방법원 목포지원 2012.10.04 2012고단1128

무고교사

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 12, 2009, the Defendant was sentenced to a suspended sentence of three years and four months for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) at the Ulsan District Court, which was sentenced to a suspended sentence of one year and four months on June 2009, and the judgment became final and conclusive on June 2009. The Defendant was detained in the said case. After having released him from the detention house, he heard her her her relationship with C, D and 2:1 sexual intercourse during the detention of the Defendant from the female living together, and requested the Defendant to file a false complaint against C and D by rape for the purpose of causing damage to the Defendant’s property amounting to two to three hundred million won and causing damage to the escape.

Accordingly, on October 27, 2009, B made a false complaint to the public service center of the Busan Coast Guard, and the facts were 2:1 sexual intercourse with C, D, but C, D, for the purpose of having a criminal punishment imposed, submitted to the police officer in charge, a false complaint to the effect that “A, who is the defendant, C, and D, sent a complaint to B, who is the complainant, at the Busan Traffic Daegu E hotel on May 13, 2009, was sexually punished.”

Accordingly, the defendant instigated B and caused B to dismiss C and D, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. suspect interrogation protocol of the prosecution as to B, and suspect interrogation protocol of the police as to D;

1. Application of the Act and subordinate statutes to B of the judgment and a copy of the complaint;

1. Articles 156 and 31(1) of the Criminal Act concerning the facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Although there are some extenuating circumstances in terms of the motive for the crime of sentencing selective sentencing of the sentence, C and D were made for the purpose of arresting or detaining the defendant, and actively abetted B to commit violence against the defendant (the first case entered in the head of the crime also refers to the case in which B is the victim). The defendant made a true statement that C and D were out of the suspicion of rape, and again assaulted against the defendant. D