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(영문) 광주지방법원 2019.08.26 2019고합105
무고등
Text

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

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

Reasons

Punishment of the crime

1. On November 25, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Place) was on board a passenger bus in Gwangju-dong, Seo-gu, Gwangju-gu, about November 20, 2018, and was seated next to the fifth seat after the driver’s seat and was seated in the seat of the injured party C (V, 16 years old). The Defendant rhumd the victim’s left side buckbucks.

Accordingly, the defendant committed an indecent act on the victim in a high speed bus which is a means of public transportation.

2. On November 27, 2018, the Defendant drafted a false complaint with respect to C, D, and E at the office of a certified judicial scrivener in front of the Net Police Station, which is located in the Macheon-ro 2, Macheon-ro 2018.

The criminal complaint is that “A, D, and E, who is the defendant, did not commit an indecent act by force against C, but the complainant conspiredd to report C to the police station that the complainant committed the indecent act against C, or that the complainant was punished because he committed the indecent act against C, and the defendant was forced to commit an indecent act by force, such as C’s buckbucks and bucks, and there was no fact that C, D, and E conspiredd to mislead the defendant.

Nevertheless, on November 28, 2018, the defendant submitted the above written complaint to the public official who is unable to know his name in the public service center of the Gwangju District Public Prosecutor's Office's Office's office located in 19, Wangcheon-si.

Accordingly, the Defendant reported false facts to public offices for the purpose of having C, D, and E punished criminal punishment.

Summary of Evidence

1. Legal statement of witness C and D;

1. Each police statement of C or D;

1. CCTV CDs and CCTV quality improvement dynamics;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Facts and Article 156 of each Criminal Act (a point of view);

1. Articles 40 and 50 of the Criminal Act among the crimes of false accusation;

1. Selection of imprisonment with prison labor for each crime with regard to selection of punishment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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