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(영문) 대구지방법원 2012.10.26 2012고단2694

무고등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Criminal facts

around 18:00 on April 10, 2012, the Defendant drafted a false complaint with respect to C using a black pen in the Daegu Dong-dong Police Station located in Daegu Dong-gu, Daegu-dong.

The accusation statement states that "The defendant C was committed by indecent act on or around the end of December 201, and on January 201, 201, from the defendant in the Daegu Dong-gu, Daegu-gu, Daejeon-gu, Police Officer, on two occasions." There was no fact that C committed indecent act against the defendant.

Nevertheless, the defendant submitted the above complaint to the police officer who could not know his name in the public service center of the Daegu East Police Station on the same day.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. A legal statement stating that the defendant accused C on suspicion of indecent act by compulsion;

1. Statement by the prosecution against C;

1. Police suspect interrogation protocol regarding C;

1. The defendant and his defense counsel's assertion on the defendant and his defense counsel asserted that since the defendant suffered two times from the defendant defendant C, there was no intention to commit an indecent act, and the defendant's complaint is the chief of the circumstances based on facts, so the crime of false accusation is not established.

However, in light of the following circumstances acknowledged by each evidence duly adopted and investigated by this court, namely, when considering the situation at each point of time where the defendant asserts that he was forced to commit indecent acts by force from the accused, the defendant did not appear to have been unable to avoid it or report to the investigation agency, but the defendant did not take measures to avoid it (such as a request for help) or report to the investigation agency, and some physical contact was recognized by the defendant that the defendant was not forced to demand by the accused, and the defendant would promptly leave the defendant's vehicle by taking the demand of the accused.