Cases
2016False 43
Defendant
A
Prosecutor
Paper (prosecution, public trial)
Imposition of Judgment
January 26, 2017
Text
Defendant shall be punished by a fine of 1.5 million won.
If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.
The provisional payment of the amount equivalent to the above fine shall be ordered.
Reasons
Criminal facts
Around June 18, 2016, the Defendant drafted a false complaint with respect to B with the color pension in the public police station located in the public interest station in the public interest station in the Seoul Special Metropolitan City, Chungcheongnam-do.
The complaint is that "B" only 4 times from June 8 to June 16, 200, but also 4 times every day, it was the content that "I want to punish as much as possible because it was impossible for B to promptly enter the breast, to put it into the quality due to fingers and to bring it into the quality due to fingers without permission."
On the same day, the Defendant continuously made a false statement to the effect that “B” D, a police officer in charge of the statement recording room in the Heungung Police Station C on the same day, was forced to cut off the door of the car in the car, and forcedly, he was indecent act by indecent act by force four times in total, such as prompting his chest and her fingers into the quality.
However, there was no fact that B rape or indecent act by compulsion of the defendant.
Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.
Summary of Evidence
1. Defendant's legal statement;
1. The suspect interrogation protocol of the police as to B;
1. Each police statement of E and F;
1. Statement made to A by the police;
1. A complaint;
1. A criminal investigation report (the details of cellular phone messages and Kakakaoooto dialogue between the victim and the suspect), investigation report (the contents of the Kakakao dialogue between the suspect and the victim, and text messages);
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 156 of the Criminal Code, Selection of Fines
1. Statutory mitigation;
Articles 157, 153, and 55(1)6 of the Criminal Act (i.e., confession)
1. Detention in a workhouse;
Articles 70(1) and 69(2) of the Criminal Act
1. Order of provisional payment;
Article 334(1) of the Criminal Procedure Act
Judges
Judges Seo-won