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(영문) 전주지방법원 2015.05.21 2014고단1833
무고
Text

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

Reasons

Punishment of the crime

On May 26, 2014, the Defendant: (a) at the house of the person who was known of the Pyeongtaek-gu Seoul Metropolitan City, Jeondong-si, the Defendant: (b) had the person, using the computer, prepare and output a written complaint against the Defendant D (the age of 82) using the computer; (c) sealed and sealed it on his name; and (d) sent it by mail from a nearby post office to the Seoul Sungdong-dong Police Station; and (e) received it from the Seoul Sungdong Police Station on May 27, 2014; and (e) was investigated in the capacity of the complainant at the Seoul Sungdong Police Station and the Economic Team office located in Seongdong-gu, Seoul Metropolitan City.

The gist of the complaint was that “Defendant D, the complainant (Defendant) had not expressed a desire to the Defendant D at the former bus terminal located in the Jeondong-dong city around April 2014, although he had not expressed a desire to the Defendant D, the complainant took a bath, and made a false accusation against the Defendant to the police station as a crime of insult.”

그러나 사실 피고인은 2014. 4. 21. 17:20경 전주시 완산구 팔달로 103에 있는 전동 공용버스터미널에서, 위 D이 피고인 및 E이 관련된 명예훼손 사건에서 진술하면서 피고인의 주장과 달리 진술한 것에 불만을 품고, 주변에 10여 명의 사람이 있는 가운데 위 D에게 “D아, 이 씹할놈아, 좆같은 놈아, 뭐야, 씹할놈아 사기꾼놈아, 야이 씹할놈아 E이하고 짝짝꿍 된 놈아” 등으로 욕설을 한 사실이 있으므로, 위 고소는 허위내용이다.

Accordingly, the defendant reported false facts to an investigative agency, a public office, for the purpose of criminal punishment against the above D.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the prosecutor's protocol against the defendant;

1. Partial statement of the police statement against the defendant;

1. A complaint;

1. The application of Acts and subordinate statutes of each investigation report and each investigation report;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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