(영문) 춘천지방법원 속초지원 2017.08.30 2015고단507 (1)

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(영문) 춘천지방법원 속초지원 2017.08.30 2015고단507 (1)

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 11, 2014, the Defendant drafted a false complaint against D with the aim of having D receive criminal punishment at the attorney-at-law office B located in the 3th floor of Gangwon-si, Gangwon-si.

The gist of this complaint is that "A defendant, at the Gongyang-dong, Suyang-dong Mat-dong Matzine of November 1, 2008, wishesed D to have only the defendant known D to him, made D unable to live without being aware of the cost of KRW 72 million used so far, and made D unable to attend the place of work." The defendant used violence by using force, such as threatening the body body in a mountain scopic scopic form, such as threatening knifeing knife with knife with knife and knife with knife with knife and knife with knife with knife and knife with knife with knife and knife with knife with knif."

However, on November 1, 2008, D had not threatened or abused the Defendant with dangerous objects in the air racks around the above Mt. D, and there was no fact that there was no threat or assault against the Defendant.

Nevertheless, on April 11, 2014, the Defendant submitted the above written complaint to the police station located in the 30th of the Doi-si Doi-si Doi-si Doi-si in the Gui-si Doi-si.

Summary of Evidence

1. Legal statement of the witness D;

1. Copy of the complaint;

1. Determination as to the assertion of relevant photographs, CD 1, photograph 12, Defendant, and defense counsel

1. The defendant and his defense counsel asserted that money has been remitted by intimidation and assault from D, and that money is not zero.

2. According to the following facts and circumstances revealed by the evidence duly adopted and investigated by the court, the court may recognize the fact that the defendant did not have any intimidation or assault from D, citing false facts, even though the defendant did not have any intimidation or assault.

A. The defendant's statement is not reliable.

1) In the first police investigation on April 27, 2014, the Defendant “D in front of Maart,” and as his hand, took a bath and head.

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