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(영문) 광주지방법원 해남지원 2017.05.11 2016고단527

무고

Text

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

Reasons

Punishment of the crime

On July 12, 2016, the Defendant drafted a false complaint with respect to D, E, and F (hereinafter “the complaint of this case”) at the 2nd ward of the South Prison in the South Sea, South Korea, 521, Southwest-gun, South Korea, west-gun, 521.

The complaint filed that "D was sexually indecent unless he/she had committed an indecent act six times by the complainant."

A false report shall be made, and a person who has been present at the court to commit sexual indecent acts;

Fictitious statement, E and F made a false statement, and E and F did not commit an indecent act against D by the complainant while attending the court without having committed an indecent act against D.

It is the content that “a request for punishment is made because a false statement was made and a perjury was made.”

However, in fact, the defendant committed a sexual indecent act six times through D, and on May 26, 2015, the defendant was convicted of the charge of forced indecent act in the Southern Branch of the Gwangju District Court. Therefore, D did not have filed a false complaint against the defendant or made a false statement in E and F in the court.

Nevertheless, on July 18, 2016, the defendant submitted the above complaint by mail to the public service offices of the South-do branch offices in the area of 1-35 in the center of the South-Namnam-gun, Namnam-do.

Accordingly, the defendant, E, and F had the purpose of having the D, E, and F punished criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to A by the police;

1. Complaint;

1. Application of Acts and subordinate statutes to investigation reports (including both attachment of compulsory indecent acts by a complainant A, report on attachment of a copy of case records, judgment attached thereto and case records);

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Determination as to the defendant and defense counsel's assertion of alternative imprisonment with labor

1. The assertion;

A. As stated in the Defendant’s criminal facts, a complaint against D, E, and F is prepared and submitted to the public service offices of the remaining branch offices of the following year. However, the contents stated in the above complaint do not constitute a report of false facts. Therefore, the above accusation constitutes a crime of false accusation.