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(영문) 광주지방법원 목포지원 2018.04.20 2018고단126
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 26, 2017, the Defendant drafted a written complaint against E using a computer from the Defendant’s house located in the Southern-gun G in the Southern-gun G.

The complaint stating that “Defendant E, the complainant, is detained in the vehicle against his will by means of a threatening speech and behavior, and in the situation, she will die in the vehicle.”

The content or fact of “a false report was made on false facts, such as intimidation, forced her hair off, forced her sexual organ as soon as her sexual organ was put, thereby punishing him for a crime of false accusation,” and there was no fact that E did not dismiss the Defendant, since the Defendant detained, threatened, and forced her to act of similarity with E under the above circumstances.

Nevertheless, on August 28, 2017, the Defendant submitted a written complaint to the police officer at the public service center of the military police station of the military police station located in 479, a 479 Sinan-gu, the Sinan-gun, the Sinan-gun, the Military Court.

In this respect, the defendant made a false accusation against E for the purpose of criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A copy of the protocol concerning the examination of the suspect by the prosecution against the defendant (including the E statement);

1. Statement made by the prosecution against the defendant;

1. A copy of the statement made by the prosecution with regard to I;

1. Copy of the police statement made to E;

1. Application of Acts and subordinate statutes to the written complaint, attached documents, and withdrawal of complaint;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. The reason for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act to mitigate confessions is that the defendant is committed, and there is no previous conviction punished for the same kind of crime. Although the defendant does not want to be punished against the defendant, the crime of this case committed by the defendant against the victim of similar rape by filing a false complaint against the victim of similar rape, the crime of this case is not weak, and it is necessary to punish the defendant with severe punishment as a crime undermining the national criminal justice function.

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