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(영문) 창원지방법원 밀양지원 2020.01.30 2018고단601

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around March 12, 2018, the Defendant prepared a false statement of complaint on the above B with the purport that “B”, “B”, “B”, “B”, “B”, “B” and “B” were forced to go off, and forced to go off, and forced to go on the back, and sexual intercourse on the back,” and (3) was forced to go on December 12, 2017,” with the effect that “B was forced to go off, and panty and panty,” and submitted it to the Pream Station.” < Amended by Act No. 1486, Dec. 2, 2017>

On March 16, 2018, the Defendant made a false statement to the effect that “B”, “B”, “B” was sealed by being sealed to the container room on August 2017, 2017, and panty was forced to be sealed into the container room, ② on September 2017, she was forced to have sexual intercourse with the Defendant on his/her part, and ③ on December 12, 2017, she was forced to have sexual intercourse with the Defendant on his/her part, after being sealed to the container, by putting him/her into the container, and then she was forced to have his/her hands off, and she had sexual intercourse with him/her on his/her part.”

However, in fact, the above B had sexual intercourse under the agreement with the defendant around the above time.

Accordingly, the defendant had not been punished against the above B for the purpose of having the criminal punishment.

Summary of Evidence

1. Legal statement of the witness B;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning B;

1. A copy of the complaint filed on March 12, 2018, a copy of the statement prepared by the police officer on March 16, 2018, and a copy of the statement prepared by the public prosecutor on June 26, 2018;

1. Text messages, notification of the results of the case processing, details of text messages, and data on mobile phone digital sirens;

1. An investigation report (in the case concerned, a non-prosecution decision and a letter of complaint), a copy of the non-prosecution decision, a criminal investigation report (Attachment to the details of messages sent by a suspect), the accused and the defense counsel denied the instant facts charged, but it is recognized by the evidence duly adopted and investigated by the court.