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(영문) 서울남부지방법원 2017.08.26 2017고합229

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

The Defendant is a person dispatched to B from April 2014 to August 2014 and was in charge of administrative affairs, such as accounting, and C is a photographer.

On June 2, 2014, the Defendant committed an indecent act in a manner that the Defendant was able to obtain criminal punishment against C at the Seoul Mapo Police Station’s office of the Support Center for Victims of Sexual Violence against Women’s Juveniles and Women’s Protection Packsaw, with the intention of having C take a criminal punishment. ① On May 26, 2014, the Defendant drafted an indecent act in a manner that C was seated above the Defendant’s seal and she was put in the Defendant’s seat in Mapo-gu Seoul Mapo-gu “E” at around 19:00, and submitted the Defendant’s complaint, such as: (a) the indecent act in a manner that (b) the Defendant she sawd together with the Defendant at around 22:30 on the same day; (c) the Defendant she was able to sit in the sect; (b) the Defendant’s arms were forced to put in the Defendant’s arms less than the Defendant’s arms; and (c) the Defendant’s entrance of the Defendant.

However, the facts C did not have concealed the Defendant as above, but the Defendant appealed upon filing a false complaint.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the examination of each prosecutor's office and police officers against the accused;

1. Statement made by each prosecutor and police with regard to C;

1. USB containing CCTV images, etc.;

1. A photograph of a CCTV course;

1. Determination as to the assertion by the defendant and the defense counsel regarding a copy of the non-prosecution decision, a copy of the police statement made to A, a copy of each recording, a copy of the protocol of interrogation of the suspect of the prosecution against C, a receipt, a telephone record, a C judgment, a copy of the complaint No. 110828, a copy of the statement made to the prosecution against C,

1. The summary of the argument 1) The defendant had the intent to have C receive criminal punishment only with respect to the facts of indecent act, among the facts stated in the judgment. ① The defendant did not file a complaint against the indecent act, ② did not have the intention to have C receive criminal punishment.

2) The Defendant real.