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(영문) 광주지방법원목포지원 2020.09.22 2019고단1361

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

On April 24, 2019, the Defendant reported to the effect that “the Defendant D, at the Defendant’s residence located in the Etel F on April 20, 2019, puts his fingers into the Defendant’s sexual organ and made sexual intercourse by inserting his sexual organ into the Defendant’s sexual organ and inserting his sexual organ,” at the Jeonnam Police Station and the Women’s Juvenile Investigation Team office located in 124 as the same name on May 10, 2019.

However, in fact, at the time of her sexual intercourse with D, the Defendant did not have any potential her sexual intercourse with D and did not have any relationship under the agreement with D, and D did not have any quasi-rape of the Defendant.

Nevertheless, the defendant reported false information to the police, and made D with the purpose of having D punished criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol concerning the examination of suspect by the prosecution against D or the accused;

1. Statement of the police statement of the defendant against D of the prosecutor's office concerning the suspect interrogation protocol;

1. Criminal place, report on the commencement of internal investigation, report on internal investigation, and medical certificate;

1. An investigation report (to hear statements from persons for reference) - one CD in telephone conversations from G;

1. Investigation Report (Attachment of Victim A’s mobile phone No. 1) - A’s mobile phone call detailed statement (from April 1, 2019 to May 31, 201)

1. Investigation Report (Attachment of Materials to Suspect – Traffic Use Certificate) - The Defendant and the defense counsel did not report false facts, and even if false facts were to be false, the Defendant denied the Defendant’s intention without intention to the effect that it could not have been perceived as false facts such as “boomout,” etc. However, the period between the difference between the Defendant and the Defendant, the Defendant, and the Defendant, the Defendant, as to the sex of the instant case, and the changes in statements and the changes in statements, and the period from sexual intercourse to the complaint