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(영문) 광주지방법원 해남지원 2019.07.18 2018고단476
무고등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around December 15, 2017, the Defendant: (a) around December 15, 2017, at the Maritime Affairs Office of the Gwangju District Prosecutors’ Office located in the Maritime Affairs Office of the Maritime Affairs, 330-C, Jeonnam-gun, Chungcheongnam, etc., prepared a false complaint and submitted a false statement to the public prosecutor’s office with which his name cannot be known.

At around 20:30 on June 26, 2017, the accusation letter stating that “The Defendant Party B, who was the Defendant, committed violence by cutting down the balth of balth of balth of balth of balth and expanding the balth of balth of balthom on the land, and assaulted the balth of calth of balth of calth of calth of calth, the Defendant’s balth of balth of balth of balth of balth of balth,

Accordingly, the Defendant reported false facts to B and C for the purpose of having criminal punishment imposed upon B and C.

On April 9, 2019, the Defendant driven G-wing Cargo Vehicle with approximately 10 meters of alcohol alcohol level 0.071% at a distance of about 10 meters from the front day of the cross-disfluent end in the west-gun, Namnam-gun to the front day of the road in front of the cross-disfluent end in the west-gun, Namnam-gun, Namnam-gun, the Defendant was under the influence of alcohol level 0.48.

Summary of Evidence

[2018 Highest 476]

1. Each legal statement of witness B and C;

1. Statement of the police against the accused (Evidence No. 4);

1. A copy of each police statement concerning B and C;

1. A copy of each protocol of examination of a witness, a transcript of each record, and a copy of an investigation report (field status, etc.);

1. A written complaint and a written statement;

1. Court rulings;

1. A copy of an injury diagnosis letter;

1. The defendant and the defense counsel in copies of the victim B's photograph claimed that the defendant only was assaulted by B and C, and that there was no false accusation by filing a false complaint.

However, in light of the following circumstances admitted by the evidence as above, the fact that the Defendant reported false facts to the investigative agency in spite of the fact that he/she was assaulted by B and C, can be sufficiently recognized as stated in its holding.

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