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(영문) 대구지방법원 2019.08.08 2019고정155

무고

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 7, 2018, the Defendant prepared a false complaint against B with the aim of having B receive criminal punishment, at the Cheongdo Police Station located in the Cheongdo Police Station in the Cheongdo-ro, Cheongdo-Eup, Cheongdo-ro, 1362.

A written complaint was the content that "the defendant forced the complainant to be forced from the cross incompetences in Cheongdo-gun C on June 2, 2018 on June 2, 2018, and led the complainant to be forced to leave the complainants, and thus the complaint was thoroughly investigated into shipping errors and subject to severe punishment."

However, in fact, on June 2, 2018, the Defendant: (a) was a DNA bank located in Cheongdo-gun C using a vehicle driven by B to perform work at a mushroom farm on June 2, 2018; and (b) there was only a fact that B had sexual intercourse with the Defendant or raped the Defendant.

Nevertheless, on June 7, 2018, the Defendant submitted a false complaint to the police officer who was unable to know his name at the above Cheongdo Police Station.

As a result, the defendant filed a false complaint with the investigative agency for the purpose of having B criminal punishment.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The suspect interrogation protocol of the police as to B;

1. Statement to E by the police;

1. A complaint;

1. Investigation report (to attach images of the suspect and victim during the period of committing this case);

1. Application of Acts and subordinate statutes to a report on investigation (to attach a photo of a face-to-face released by a victim from DNA);

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;