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(영문) 수원지방법원 2018.04.18 2017고단8564
무고
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. 30 days where the defendant does not pay the above fine;

Reasons

Punishment of the crime

On September 8, 2017, at around 06:0, the Defendant drafted a false complaint with a shot pension using the shot pension in the Suwon Heavy Police Station located in 199, Suwon-si, Suwon-si, Suwon-si, 199.

The criminal complaint is the content that C had sexual intercourse with the Defendant in the telecom, and the fact that the Defendant and C had sexual intercourse with the Defendant, such as the Defendant and C first demand the Defendant to have a breast at the bed, and the Defendant did not have sexual intercourse with the Defendant by force, such as when C was the suspect.

Nevertheless, the Defendant submitted the above written complaint to the police officer whose name is unknown at the Suwon Police Station around that time, and around 06:18 on the same day, the Defendant appeared at the first team office of female juvenile investigation into the above police station around 06:18, and on November 8, 2017 at the prosecutor's office of the Suwon District Public Prosecutor's Office (332 of the Suwon District Public Prosecutor's Office) around 14:00 on November 8, 2017, and filed a false statement to the investigation agency.

In the end, the Defendant reported false facts to the investigation agency for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of the accused or C by the prosecution;

1. A protocol concerning the interrogation of suspect C by the police;

1. Polate test report;

1. Complaint;

1. Application of Acts and subordinate statutes to report on investigation (Listening to D Telephone Statements);

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of punishment by a fine not exceeding 15 million won] : The crime of false accusation is not only a crime that interferes with the proper exercise of the judicial power of the State, but also a crime that causes the suffering and danger of unfair criminal punishment to an individual who suffers from false accusation, and it seems that C who received false accusation is likely to suffer considerable mental suffering, and it is agreed with the victim.

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