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(영문) 서울중앙지방법원 2020.10.15 2020고단706
무고
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2019, the Defendant was sentenced to a fine of KRW 1.5 million for special assault at the Seoul Central District Court, and the judgment became final and conclusive on December 6, 2019.

The criminal facts are that "the defendant collected the victim D from the Seoul Special Center's office around 10:30 on May 30, 2019, at the Seoul Special Metropolitan City Seoul Center's office of the 4th Seoul Special Metropolitan City, the victim D, and spread the hot coffee to the victim."

On August 16, 2019, the Defendant submitted a written complaint for injury to D to the police officer in charge of receipt of the complaint, whose name is unknown, and stated to the effect that “D, at the C office on June 13, 2019, was able to raise an interest to the complainant, she was able to wear her clothes, and she was able to prevent the complainant’s grandchildren and her body with a hand-to-to-face, and was punished because it was able to prevent the complainant’s grandchildren and her body from being treated for about two weeks, such as the left-to-hand part.”

However, on June 13, 2019, the above D did not put the defendant with the intent to harm the defendant in the above C Seoul Center's office, and did not put the defendant in her uniforms, and was not able to wear the defendant's hand and body with the hand saw.

Accordingly, the Defendant reported false facts to a public office for the purpose of having the above D receive criminal punishment.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Examination protocol of police suspect regarding D;

1. Investigation report (to have telephone conversations for witnesses);

1. The charge is denied by the Defendant’s statement against the Defendant (No. 6) in the accusation room, the injury diagnosis book, the photograph, the report processing slip, the police statement against the Defendant (No. 112 report processing slip), and the Defendant’s statement against the Defendant (No. 6). However, the following circumstances revealed by the above evidence, namely, the Defendant submitted the accusation to the police station by stating that the Defendant suffered assault from D on June 13, 2019, and submitted it to the police station, and the police protocol, the protocol of statement to the prosecution, and the protocol of examination of the suspect to the prosecution, on the premise that the Defendant was assaulted on the above date (for example, the Defendant reported to

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