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(영문) 서울중앙지방법원 2020.06.05 2020고단3328

무고

Text

A defendant shall be punished by imprisonment for four 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

On February 21, 2020, at the public service center of the Seoul Gwanak-gu Seoul Special Metropolitan City Gwanak-ro 5-gil 33, the Defendant was assaulted by the president of the Seoul Gwanak-gu Seoul Special Metropolitan City Office on February 20, 2020 with respect to D, who was the president of the CY in Seoul Special Metropolitan City, where the Defendant was frequently accompanying, on February 20, 2020.

Around February 25, 2020, ‘A' submitted a written complaint stating the purport to the effect that ‘A' was presented, and around September 25, 2020, ‘A' was the president of the Seoul Gwanak-gu Seoul Special Metropolitan City Empic room who was the president of the Cmpic room at around 9:00 on February 20, 2020, after attending the criminal police station and criminal 4 team office and making a statement of damage.’

However, the defendant did not have been abused by the above D, and there was no injury to the standing side or the left-hand side of the defendant's right-hand side, and the intention was partially damaged, but it was not known that the defendant was suffering from the upper-hand side due to any circumstance under the influence of alcohol.

Nevertheless, as above, the defendant submitted a false complaint against D and made a false statement.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning suspect examination of D;

1. Statement of each police statement of the defendant;

1. A written statement and a written complaint of the defendant;

1. 112 reported case handling table;

1. A statement of withdrawal of complaint;

1. Request for cooperation in investigation;

1. The first verification line;

1. Investigation Report (2nd line tracking), - The second line of verification - CCTV analysis photographs such as the second line tracking, etc. - One set of CCTV video CDs;

1. An investigation report (in the case of a complainant A and the case of the defendant D1) - - one set of CCTV video CDs, such as the analysis of CCTV photographs by the complainant and the suspect about drinking alcohol, etc. - one set of CCTV images analysis photographs for crime prevention, etc. - one set of CCTV video CDs;

1. Photographs of the scene of crime;

1. A photograph of the complainant;

1. Photographs of the suspect's face;