(영문) 대구지방법원 경주지원 2011.12.21 2011고단247

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(영문) 대구지방법원 경주지원 2011.12.21 2011고단247

무고

Text

A defendant shall be punished by imprisonment for one year.

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

On May 28, 2010, the defendant prepared a false complaint with the following false contents in order to have C take criminal punishment at the 5 team office of the racing police station and police station, which is located in Dong-dong, Dong-dong, Dong-si:

The contents of the complaint are as follows: (a) at around 07:00 on April 8, 2010, the complainant used the gap in which the complainant was living together with D's entrance and work at the room of the complainant without locking, and (b) the complainant was locked with C's license; (c) the complainant was in custody of the complainant's body; (d) the complainant was unsatisfying with the complainant's bridge with the complainant's body; (e) the complainant was able to satisfy with one hand; and (e) the complainant's satisfy with one hand, exceeded the panty and panty sat; and (e) was raped by coerciond 2-3 times in the negative part of the complainant's satisfy."

However, there was no rape in C at the time and place above.

Nevertheless, the Defendant submitted the above false accusation to the Superintendent E, which caused him to prepare a complaint with the same content by using a computer, and read the re-preparation complaint to the Superintendent E without signing it, and then submitted it to him. C made a false accusation as if C rape had raped the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. Statements made by the police and each protocol of examination of suspect by the prosecution with regard to Defendant C;

1. Each part of the police statement made against the defendant;

1. A complaint;

1. Requests for photographs, copies of medical records, and copies of medical records;

1. An investigation report (a mobile analysis by the suspect C in the No. 30 of the evidence list and the mobile analysis report by the No. 33 attached thereto, the change of the statement by the complainant A in No. 36, the analysis of the mobile phone calls by the No. 50, the confirmation of the date of removal of the boomed situation after the operation No. 54, and the 58 calendars).

유사 판례

-대구지방법원 경주지원 2011.12.21. 선고 2011고단247 판결

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