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(영문) 대구지방법원 포항지원 2017.02.07 2016고단1518
무고등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 9, 2016, the Defendant reported 112 to “E was subject to forced indecent act by force from the reported person E” at the D emergency room located in the north-gu Office C at the port of the same day for the purpose of having the person subject to criminal punishment. On the same day, the Defendant appeared at the G box at the port of the police station located in the north-gu in the north-gu Office at the port of the same day and stated “E” at around 00:0 on July 9, 2016, around 3, 4:0 the reported person’s chest was flick at the waiting room of the D hospital, and even if the reporter was refused, the reporter’s chest was flick at the hospital parking lot, but 2 and 3 times flicked, thereby compelling the reported person to punish him.”

However, on July 9, 2016, E did not commit any indecent act by force due to Defendant chest.

Even so, Defendant 1 filed a false report and supplementary statement to E, thereby making it impossible for Defendant E to do so.

2. On the same day as indicated in paragraph 1, the Defendant attempted to take money from the victim E at a hospital outdoor event, such as the statement in paragraph 1 on the same day, stating that “50 million won is within the value of tax base, if the agreement is not known, and the attorney’s fee is paid even if the law provides, the Defendant appointed and used the attorney’s fee. 50 million won is the tax base of tax, the tax base of tax, and the tax base of tax base of tax base of tax base of tax base of tax base of tax base of tax base of tax amount 50 million won, and the 50 million won in the city, and the flus of tax base of tax base of tax base, and the flus of tax base of tax base of tax base

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Each police statement made to A or H;

1. Each investigation report (verification ofCCTV image data; application of Acts and subordinate statutes to CCTV images and explanation);

1. Relevant provisions of the Criminal Act and Article 156 of the Criminal Act (a false accusation, choice of imprisonment), Articles 352 and 350 (1) of the Criminal Act (a person who attempts to commit an offense, and choice of imprisonment);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be heavier).

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