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(영문) 광주지방법원 2017.11.29 2017고단1480

무고

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 6, 2016, the Defendant submitted a complaint to C, D, and E at the public service center of the competent police station of the State police station, and made a statement to the following purport at the State police station investigation and economic team of the State on December 26, 2016.

① From the perspective of springing around 2012, Defendant C, at the NAF Economic Office, read “I will show this time, good male who would have come well, and how I would have come to a sexual relationship.” Defendant D, at the FFF Economic Office around springing around 2012, has damaged and threatened Defendant’s reputation by stating “I will see I I I am well, I am to leave I am well,” and “I am to leave I am well. I am to the Defendant,” and ③ Defendant E, at the FF Economic Office around springing around 2012, was the content that “I am frightly, I am to am.” The Defendant’s reputation was damaged and threatened.

However, there is no fact that C, D, and E made the above remarks to the Defendant. Moreover, the Defendant filed a complaint with the foregoing content C, etc., and filed a complaint with the Gwangju District Public Prosecutor's Office on April 27, 2015, but dismissed the complaint, and later filed an application for adjudication with the Gwangju High Court but dismissed it.

As a result, the defendant brought a false accusation against C, D, and E for the purpose of having criminal punishment imposed upon him.

Summary of Evidence

1. The defendant's partial statement in court C, D and E's legal statement;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police investigation report on the suspect interrogation protocol for C, D, and E [the defendant asserts that the contents of the complaint are true, but according to the evidence above, the defendant can sufficiently recognize the victims'less facts for the purpose of having criminal punishment imposed upon him/her];

Application of Statutes

1. Criminal facts;