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(영문) 인천지방법원 2018.10.19 2018고정2112
무고
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 1, 2018, around 19:3, the Defendant called from the Seo-gu Incheon, Seo-ro 26, to the mobile phone-based 112 comprehensive situation room at the 112 mobile phone located near the mar station in the Seo-gu Incheon, Seo-gu, Incheon.

around 17:00 on April 2, 2018, at the Dong-gu Incheon Metropolitan City medical center located in the 217 Incheon Metropolitan City medical center, and under investigation by the Inspector C, “B was raped on April 1, 2018, with no awareness of being drunk in the influence in the influence near the Seoul Masan Station at around 18:00 on April 1, 2018.

“The statement was made”.

However, in fact, the defendant was sexual intercourse under the agreement with B and did not have been rape or quasi-raped from B.

Nevertheless, the defendant reported false facts to a public office, and reported false facts to the public official, and made a false accusation against B with the aim of having the above criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against the defendant (first time);

1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law (a confession, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment order is an unfavorable circumstance to the defendant, such as where the defendant is placed at risk of punishment and where the criminal investigation and judicial function are wasted.

On the other hand, the defendant's mistake is against the defendant, and the defendant does not want punishment of the defendant in the first police investigation after reporting 112.

The statement was made, and the defendant was not actively shipped the false evidence, and the investigation agency is the defendant.

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