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Reasons
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(영문) 전주지방법원 2015.05.07 2014고단2130
무고
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 2, 2014, the Defendant prepared a complaint against C with the purport that “The Defendant complained against C, at the end of the dispute on April 30, 2014, 4-5 times, the chest part of the chest part of the chest part of the Defendant, and the Defendant forced him to engage in sexual intercourse, and wanted to punish him.” The Defendant submitted a complaint to the police officer in charge of the police officer written as above.

In addition, around 15:00 on July 3, 2014, the defendant made the second statement at the office of women in the Busan Police Station and sexual assault investigation team as the complainant on July 3, 2014, and "the date on which the defendant was victimized by assault and rape".

4. 30.00 not

4. 28. 6:00 to 7:00 shall be followed.

“The statement was made.”

However, on April 28, 2014, the Defendant maintained a good relationship with C, and was located at C’s house, and the Defendant directly called the repair engineer to repair the broken cell phone in C, and sent Kwikset service to Kwikset, and was staying in C’s house during C’s house, and there was no assault, intimidation, or rape from C during C’s house, and on April 30, 2014, C did not look at C.

Nevertheless, as above, the Defendant prepared and submitted a false complaint and made a statement of damage.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Police and prosecutor's protocol of statement of the defendant;

1. Each police interrogation protocol regarding C;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (related to date and time of occurrence, submission of diagnosis reports, and telephone communications of Kwikset service engineers);

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Order of community service;

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