(영문) 의정부지방법원 고양지원 2018.09.28 2018고단199

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(영문) 의정부지방법원 고양지원 2018.09.28 2018고단199

무고

Text

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

Reasons

Punishment of the crime

On June 26, 2017, the Defendant made a false accusation to the police officer who did not comply with the Defendant’s promise to buy the vehicle, with the intent that B was raped. On June 26, 2017, the Defendant made a false complaint with respect to B to receive at the public service center of the Goyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 1008 and submitted a false complaint with respect to B to the police officer who could not know his name.

The complaint states that "the defendant plaintiff Eul, who was the defendant Eul on June 24, 2017, has been raped in the her motherel, which is the complainant on June 24, 2017," or that "B went to the her motherel under an agreement with the defendant, but only did not have sexual intercourse with the defendant's refusal, and did not rape the defendant."

As a result, the defendant was committed against B for the purpose of criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against the defendant;

1. C’s statement;

1. Complaint;

1. Each report on investigation;

1. CCTVs and CCTVs;

1. Application of Acts and subordinate statutes to a summary of the results of support for digital investigation;

1. The pertinent legal provisions on criminal facts, Articles 156 of the Criminal Act of the choice of punishment, the choice of imprisonment [the Defendant and his defense counsel] : (a) the Defendant alleged that the Defendant was raped from B, and that the Defendant did not file a false complaint; (b) the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court; (c) the Defendant stated that the Defendant retired from office by declaring his intention of refusal while the Defendant was able to engage in sexual intercourse with the Defendant’s consent; (b) the Defendant was raped from the Defendant’s actions and B immediately before entering the Del.

Since the assertion, there is no big difference in the behavior that was made at the time of the argument, and thereafter, the defendant continued to have engaged in the activity with B at the film center.

참조조문

-형법 제156조

유사 판례

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